Common use of Mutual Non-Disparagement Clause in Contracts

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 5 contracts

Samples: Execution Version Agreement (Starboard Value LP), Agreement (Corteva, Inc.), Agreement (GCP Applied Technologies Inc.)

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Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity following in connection with the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 5 contracts

Samples: Agreement (Scott's Liquid Gold - Inc.), Agreement (eHealth, Inc.), Agreement (Starboard Value LP)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For purposes of this Section 13, the Starboard Nominees shall not be deemed to be an agent, affiliate, officer, key employee or director of the Company or Starboard and no actions taken by any agent or other representative of a Party in any capacity other than as a representative of such Party shall be covered by this Agreement.

Appears in 4 contracts

Samples: Agreement (Starboard Value LP), Execution Version Agreement (Quantum Corp /De/), Agreement (Quantum Corp /De/)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 126, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 4 contracts

Samples: Agreement (Brightcove Inc), 2 Agreement (Tenzing Global Management, LLC), Agreement (Care.com Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity following in connection with the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 3 contracts

Samples: Agreement (Starboard Value LP), Cooperation Agreement (Psychemedics Corp), Agreement (Box Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties' subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 3 contracts

Samples: Share Purchase Agreement (Torque Lifestyle Brands, Inc.), Asset Purchase Agreement (Gentech Holdings, Inc.), Asset Purchase Agreement (Torque Lifestyle Brands, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity following in connection with the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Agreement (Starboard Value LP), Agreement (Commvault Systems Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, principals, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Agreement (Stewart Information Services Corp), Agreement (Starboard Value LP)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during until the Standstill PeriodTermination Date, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 1215, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, employees or any of their its businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their its businesses, products or services or their subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), ) or employees, stockholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Cooperation Agreement (Barta Jan), Cooperation Agreement (Groupon, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall will have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall will in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s its subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s its subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Cooperation Agreement (CSW Industrials, Inc.), Cooperation Agreement (Newtyn Management, LLC)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Cooperation Agreement (Barnes & Noble Education, Inc.), Cooperation Agreement (Barnes & Noble Education, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or or, if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. This Section 12 shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Appears in 2 contracts

Samples: Agreement (Tuesday Morning Corp/De), Agreement (Tuesday Morning Corp/De)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill PeriodPeriod or, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall will in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Agreement (Myr Group Inc.), Agreement (Myr Group Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Agreement (Starboard Value LP), Agreement (Depomed Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Dolphin from communicating with Dolphin III’s limited partners and agents with respect to public information concerning the Company.

Appears in 2 contracts

Samples: Agreement (Dolphin Limited Partnership Iii, L.P.), Agreement (Rimage Corp)

Mutual Non-Disparagement. Subject to applicable lawlaw or legal process, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, managers, officers, key employees or directors shall have breached this Section 1215, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, managers, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander any of the other Party Parties or any of such other Party’s Parties’ subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), or directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of any such other PartyParties, any of their businesses, products or services or any of their subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers (or former officers), or directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 2 contracts

Samples: Agreement (Red Alder GP, LLC), Execution Version Agreement (Speed Commerce, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. This Section shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Appears in 2 contracts

Samples: Agreement (Insperity, Inc.), Agreement (Starboard Value LP)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Dolphin from communicating with Dolphin III’s limited partners and agents or, subject to the terms of Section 2, with officers and directors of the Company, with respect to public information concerning the Company.

Appears in 2 contracts

Samples: Agreement (Qumu Corp), Agreement (Dolphin Limited Partnership Iii, L.P.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Xxxxxxx from communicating with Xxxxxxx Discovery’s limited partners and agents with respect to public information concerning the Company.

Appears in 2 contracts

Samples: Standstill Agreement (Qumu Corp), Standstill Agreement

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Humana Inc)

Mutual Non-Disparagement. (a) Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees employees, directors, members or directors general partners shall have breached this Section 126, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees employees, directors, members or directorsgeneral partners, shall in any way publicly criticize, or privately disparage, call into disrepute, or otherwise defame defame, impugn, slander or slander cast in a negative light the other Party Parties or such other Party’s Parties’ subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors directors, members or general partners (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys members or representativesgeneral partners.

Appears in 1 contract

Samples: Cooperation Agreement (Cardlytics, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Execution Version (Destination Maternity Corp)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the Company, on the one hand, or the FrontFour Group, on the other Party hand, or any of its such Party’s agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 1214, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.. [The remainder of this page intentionally left blank]

Appears in 1 contract

Samples: Agreement (Ferro Corp)

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Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have has breached this Section 126, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall directors will in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Execution Version (Om Group Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party parties or such other Party’s parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party party or a Partyparty’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party party or a Partyparty’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Partyparties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Cutera Inc

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have has breached this Section 126, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, shall directors will in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For the avoidance of doubt, any materials publicly released by either Party prior to the date of this Agreement will not be deemed to be in breach of this provision.

Appears in 1 contract

Samples: Execution Version Agreement (Verint Systems Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 129, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Lojack Corp)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Bemis Co Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 1211, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s their subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s its subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s its subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business businesses, products, services or reputation of such other Party, their businesses, products or services or that of their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (American Capital, LTD)

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have has breached this Section 125, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall directors will in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution effective date of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution effective date of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. Notwithstanding the foregoing, nothing shall prevent the making of any factual statement in any compelled testimony or production of information, whether by legal process, subpoena or as part of a response to a request for information from any governmental authority with jurisdiction over the Party from whom information is sought, or to defend against any legal claim from an independent claimant adverse to a Party.

Appears in 1 contract

Samples: Agreement (Novation Companies, Inc.)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the Company, on the one hand, or the FrontFour Group, on the other Party hand, or any of its such Party’s agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 1214, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Ferro Corp)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For purposes of this Section 12, no actions taken by any director, agent or other representative of a Party in any capacity other than on behalf of, and at the direction of, such Party will be covered by this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement (Cerner Corp /Mo/)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. This Section 12 shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Appears in 1 contract

Samples: Agreement (Stewart Information Services Corp)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), or directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), or directors (or former directors). For purposes of this Section 12, employeesno actions taken by any director, stockholdersagent, agentsaffiliate, attorneys officers or representativeskey employee or other representative of a Party in any capacity other than as a representative of, and at the direction of, such Party will be covered by this Agreement.

Appears in 1 contract

Samples: Agreement (LSB Industries Inc)

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees employees, directors, attorneys or directors shall have representatives has in any material respect breached this Section 12Agreement or violated any of his duties as a director of the Company, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or employees, directors, shall attorneys or representatives will in any way publicly criticize, disparage, call into disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage in any material respect the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Omnova Solutions Inc)

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity following in connection with the execution of this Agreement), employees, stockholdersshareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholdersshareholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Agreement (Starboard Value LP)

Mutual Non-Disparagement. (a) Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 126, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), or directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), or directors (or former directors), employees, stockholders, agents, attorneys or representatives.

Appears in 1 contract

Samples: Settlement Agreement (Team Inc)

Mutual Non-Disparagement. Subject to applicable lawlaw or the requirements of any legal proceeding, each of the Parties covenants and agrees that, that during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliatesAffiliates, successors, assigns, partners, members, officers, key employees officers or directors, shall in any way publicly criticize, disparage, call into disrepute, disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, advisors or managers (including, in the case of Cove, New York City Advisors, LLC and AR Global Investments LLC), stockholders, agents, attorneys or representativesrepresentatives (in each of the foregoing cases, in their capacity as such), or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products its businesses or services or their its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, advisors, managers, stockholders, agents, attorneys or representativesrepresentatives (in each of the foregoing cases, in their capacity as such).

Appears in 1 contract

Samples: Settlement Agreement (American Realty Capital New York City REIT, Inc.)

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