Nonrecruitment of Employees. In consideration of the Merger Consideration being paid and to be paid to Employee pursuant to the Acquisition Agreement, including the options to purchase shares of Crescent Common Stock granted pursuant to Section 8.8 of the Acquisition Agreement, and this Agreement, Employee hereby agrees that, for three (3) years following the Effective Time, Employee shall not, without the prior written consent of the Chief Executive Officer of the Bank, which consent may be withheld at the sole discretion of the Chief Executive Officer of the Bank, directly or indirectly solicit or recruit for employment or encourage to leave employment with the Bank, the Company the Bank or any Affiliated Company, on his own behalf or on behalf of any other person or entity other than the Bank, the Company or any Affiliated Company, any employee of the Bank with whom Employee worked during the Employee’s employment with Futurus, Futurus Bank, the Bank, the Company or any Affiliated Company and who performed services for the Futurus, Futurus Bank, the Bank, the Company or any Affiliated Company clients or worked on Futurus, Futurus Bank, the Bank, the Company or any Affiliated Company products or services while employed by Futurus, Futurus Bank, the Bank, the Company or any Affiliated Company and who has not thereafter ceased to be employed by the Bank, the Company or any Affiliated Company for a period of at least one (1) year. Employee will not engage in such activities, directly or indirectly, or encourage or facilitate any other Person with respect to such activities.
Appears in 4 contracts
Samples: Change of Control Employment Agreement, Change of Control Employment Agreement (Crescent Banking Co), Change of Control Employment Agreement (Crescent Banking Co)