Common use of Mutual Non-Disparagement Clause in Contracts

Mutual Non-Disparagement. (a) Each Investor agrees that, during the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 5 contracts

Samples: Settlement Agreement (Jamba, Inc.), Settlement Agreement (ModusLink Global Solutions Inc), Settlement Agreement (Raging Capital Management, LLC)

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Mutual Non-Disparagement. (a) Each The Investor agrees that, during the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates Affiliates, Associates and Associates representatives not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or to malignthat maligns, harmxxxxx, disparagedisparages, defame defames or damage damages the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 4 contracts

Samples: Cooperation Agreement (Usa Truck Inc), Cooperation Agreement (Baker Street Capital Management, LLC), Cooperation Agreement (Baker Street Capital Management, LLC)

Mutual Non-Disparagement. (a) Each Investor agrees that, during until the expiration of the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, publicly make, express, transmit transmit, speak, write, verbalize verbalize, or otherwise publicly communicate in any way (or cause, further, assist, solicit, encourage, support support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, verbal or in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, Associates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes includes, or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or AffiliatesAffiliates or Associates, or to malign, harm, disparage, defame defame, or damage the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 4 contracts

Samples: Cooperation Agreement (Safeguard Scientifics Inc), Cooperation Agreement (Horton Capital Management, LLC), Cooperation Agreement (Horton Capital Management, LLC)

Mutual Non-Disparagement. (a) Each Investor agrees that, during the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or derogatorily to malign, harm, disparage, defame or damage the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 3 contracts

Samples: Investors Settlement Agreement (LRAD Corp), Investors Agreement (LRAD Corp), Investors Agreement (Iroquois Capital Management, LLC)

Mutual Non-Disparagement. (a) Each Investor agrees that, during until the expiration of the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates Related Persons not to, directly or indirectly, in any capacity or manner, make, express, transmit transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, toward the Company or any of its past or present directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”)representatives, or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates; provided, however, that the foregoing shall not prevent the Investor Group from privately communicating to the Company, or to malign, harm, disparage, defame any directors or damage the reputation or good name executive officers of the Company, its business or any of the Company Representativesinformation based on publicly available information.

Appears in 2 contracts

Samples: Cooperation and Support Agreement (Landec Corp \Ca\), Cooperation and Support Agreement (Legion Partners Asset Management, LLC)

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Mutual Non-Disparagement. (a) Each Investor agrees that, during the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates Affiliates, Associates and Associates representatives not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or to malignthat maligns, harmxxxxx, disparagedisparages, defame defames or damage damages the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 2 contracts

Samples: Cooperation Agreement (Baker Street Capital Management, LLC), Cooperation Agreement (Usa Truck Inc)

Mutual Non-Disparagement. (a) Each Investor agrees that, during until the expiration of the Standstill Period, neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of the Company, its business or any of the Company Representatives.

Appears in 2 contracts

Samples: Settlement Agreement (CST Brands, Inc.), Settlement Agreement (CST Brands, Inc.)

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