Common use of Nonsolicitation of Business Associates Clause in Contracts

Nonsolicitation of Business Associates. Executive agrees that, during the term of this Agreement and for a period of 24 months after his termination of employment with the Company, he will not engage in Leasing Transactions or Other Material Operations in which Executive solicits for himself or for any third party the business of any person who at any time during the twelve month period ended on the date Executive’s employment with the Company terminates was (i) a Corporate Client (as defined below) during the twenty-four month period ended on the date Executive’s employment with the Company terminates (the “Prior Contact Period”); (ii) an investor (a “Fund Investor”) in any fund or investment vehicle managed or maintained by any of the Company, its subsidiaries or its affiliates, including, without limitation, the Sponsored Funds (a “Fund Vehicle”) who satisfied the conditions to qualify as a “qualified institutional buyer” as defined in Rule 144A as promulgated under the Securities Act of 1933, as amended, with whom the Executive had dealings, contact or involvement during the Prior Contact Period; (iii) a person or entity who served as a representative of investors in connection with the investments in any Fund Vehicle or who was otherwise engaged in raising capital or other financing for any such Fund Vehicle; or (iv) a person or entity which (x) materially assisted or provided other material services or support that substantially facilitated or otherwise contributed to the Company’s ability to pursue or effect Leasing Transactions or Other Material Operations, and (y) had direct and substantial dealings, contact or involvement while acting on behalf of the Company or its affiliates or any Fund Vehicle with any Corporate Client or Fund Investor during the Prior Contact Period. For purposes of this Paragraph 7(f), the term “Corporate Client” means (i) any business entity, regardless of form, which obtains financing or liquidity through effecting a Leasing Transaction with the Company or any of its subsidiaries or affiliates, (ii) any business entity, regardless of form, which engaged as a principal in any transaction representing part of the Company’s Other Material Operations, and (iii) each affiliate of any such business entity identified in subclause (i) or (ii), but specifically excluding its private equity sponsors.

Nonsolicitation of Business Associates. Executive agrees that, during the term of this Agreement and for a period of 24 months after his her termination of employment with the Company, he she will not engage in Leasing Transactions or Other Material Operations in which Executive solicits for himself herself or for any third party the business of any person who at any time during the twelve month period ended on the date Executive’s employment with the Company terminates was (i) a Corporate Client (as defined below) with whom Executive had dealings, contact or involvement during the twenty-four month period ended on the date Executive’s employment with the Company terminates (the “Prior Contact Period”); (ii) an investor (a “Fund Investor”) in any fund or investment vehicle managed or maintained by any of the Company, its subsidiaries or its affiliates, including, without limitation, the Sponsored Funds (a “Fund Vehicle”) who satisfied the conditions to qualify as a “qualified institutional buyer” as defined in Rule 144A as promulgated under the Securities Act of 1933, as amended, with whom the Executive had dealings, contact or involvement during the Prior Contact Period; (iii) a person or entity who served as a representative of investors in connection with the investments in any Fund Vehicle or who was otherwise engaged in raising capital or other financing for any such Fund Vehicle; or (iv) a person or entity which (x) materially assisted or provided other material services or support that substantially facilitated or otherwise contributed to the Company’s ability to pursue or effect Leasing Transactions or Other Material Operations, Operations and (y) had direct and substantial dealings, contact or involvement involvement, while acting on behalf of the Company or its affiliates or any Fund Vehicle Vehicle, with any Corporate Client or Fund Investor during the Prior Contact Period. For purposes of this Paragraph 7(f7(e), the term “Corporate Client” means (i) any business entity, regardless of form, which obtains financing or liquidity through effecting a Leasing Transaction with the Company or any of its subsidiaries or affiliates, (ii) any business entity, regardless of form, which engaged as a principal in any transaction representing part of the Company’s Other Material Operations, and (iii) each affiliate of any such business entity identified in subclause (i) or (ii), but specifically excluding its private equity sponsors.

Nonsolicitation of Business Associates. Executive agrees that, during the term of this Agreement and for a period of 24 months after his termination of employment with the Company, he will not engage in Leasing Transactions any business activities in which the Company is then engaged or Other Material Operations to which the Company has committed significant resources to expand its presence, or to enter into or otherwise commence (“Business Activities”), during the two year period prior to Executive’s termination of employment and that the Company is still actively pursuing at the date of Executive’s termination of employment in which Executive solicits for himself or for any third party the business of any person who at any time during the twelve month period ended on the date Executive’s employment with the Company terminates was (i) a Corporate Client (as defined below) during the twenty-four month period ended on the date Executive’s employment with the Company terminates (the “Prior Contact Period”); (ii) an investor (a “Fund Investor”) in any fund or investment vehicle managed or maintained by any of the Company, its subsidiaries or its affiliates, including, without limitation, each of the Sponsored Funds (as defined below) (a “Fund Vehicle”) who satisfied the conditions to qualify as a “qualified institutional buyer” as defined in Rule 144A as promulgated under the Securities Act of 1933, as amended, with whom the Executive had dealings, contact or involvement during the Prior Contact Period; (iii) a person or entity who served as a representative of investors in connection with the investments in any Fund Vehicle or who was otherwise engaged in raising capital or other financing for any such Fund Vehicle; or (iv) a person or entity which (x) materially assisted or provided other material services or support that substantially facilitated or otherwise contributed to the Company’s ability to pursue or effect Leasing Transactions or Other Material Operationsits Business Activities, and (y) had direct and substantial dealings, contact or involvement while acting on behalf of the Company or its affiliates or any Fund Vehicle with any Corporate Client or Fund Investor during the Prior Contact Period. For purposes of this Paragraph 7(f6(b), the term “Corporate Client” means (i) any business entity, regardless of form, which obtains financing or liquidity through effecting a Leasing Transaction any transaction with the Company or any of its subsidiaries or affiliates, (ii) any business entity, regardless of form, which engaged as a principal in any transaction representing part of with the Company’s Other Material Operations, (iii) any Company sponsored trust, fund or other collective investment vehicle, including, without limitation, Corporate Property Associates 17 – Global Incorporated, Corporate Property Associates 18 – Global Incorporated, Xxxxx Watermark Investors Incorporated, Xxxxx Watermark Investors 2 Incorporated; Xxxxx Credit Income Fund and any successors to any of them (the “Sponsored Funds”), and (iiiiv) each affiliate of any such business entity identified in subclause (i), (ii) or (iiiii), but specifically excluding its private equity sponsors.