Anti-Poaching Clause Clause Samples

Anti-Poaching Clause. Sellers acknowledge and agree that the Employees set forth in Schedule 6.12 (each a “Key Employee”) possess proprietary trade secrets regarding the Companies’ business, and are likely to lure away the Companies’ clients and/or provide unique or extraordinary services to the Companies. Sellers acknowledge and agree the foregoing attributes of the Key Employees constitute valuable intellectual capital of the Companies, and are a bargained-for advantage of the transaction. Sellers further acknowledge and agree that, through their positions, they have special knowledge regarding the Key Employees’ skills and abilities, and a special hold on the goodwill of Key Employees toward the Companies. Therefore, until twelve (12) months after Closing, Sellers agree not to solicit any Key Employee while he or she remains an Employee of any Company; provided that the foregoing shall not prevent the Sellers from conducting general solicitations not targeted at Key Employees. Sellers further agree not to offer employment to any Key Employee, other than any Key Employee that is involuntarily terminated by any of the Companies or their Affiliates after Closing, from a general solicitation until six (6) months after Closing.