No Solicitation of Seller Employees Clause Samples

No Solicitation of Seller Employees. Except with respect to the persons set forth on Schedule 4.3 (the “Available Personnel”), from and after the Execution Date until one (1) year after the Closing, Buyer shall not, and shall cause its affiliates not to, directly or indirectly, solicit in any manner for employment or hire any employee of Seller or any affiliate of Seller, without Seller’s prior written consent; provided, however, that the foregoing restriction shall not apply to the hiring of any person who (a) responds to any general solicitation that consists of advertising in the media or (b) contacts Buyer (or any of its affiliates) on his own initiative. If, prior to Closing, Buyer has made an offer of employment to any person included in the Available Personnel and such person has accepted such offer, then, at Closing, Seller shall transfer to Buyer any Seller-issued vehicle, computer and personal tools which Seller has designated for such person’s use as an employee of Seller, provided that Seller may remove any proprietary or licensed software or data from such equipment to be transferred. From and after Closing, Buyer and Seller shall cooperate in good faith with respect to employee matters relating to the Available Personnel with the intent that any applicable members of the Available Personnel who have been offered, and have accepted, employment with Buyer will transition to Buyer’s employ on the Closing Date.

No Solicitation of Seller Employees. Except with respect to the persons set forth on Schedule 4.3, from and after the Execution Date until one (1) year after the Closing, Buyer shall not, and shall cause its affiliates not to, directly or indirectly, solicit in any manner for employment or hire any employee of Seller or any affiliate of Seller, without Seller’s prior written consent, who (1) is a field employee currently working in New Mexico or who is the direct supervisor of a field employee who is currently working in New Mexico or (2) comes into contact with Buyer as a result of the negotiation of this Agreement, due diligence associated with Agreement or consummation of this transaction; provided, however, that the foregoing restriction shall not apply to the hiring of any person who (a) responds to any general solicitation that consists of advertising in the media or (b) contacts Buyer (or any of its affiliates) on his own initiative or (c) was in discussions with Buyer for employment with Buyer (or its affiliates) prior to the execution of this Agreement and the Confidentiality Agreement described in Section 12.3.

No Solicitation of Seller Employees. For a period of twenty four (24) months from the Closing Date, Acquiror and its Affiliates (including the Companies) shall not, without the prior written consent of Sellers, directly or indirectly, solicit for employment or hire any then current employee of a Seller or any of their Affiliates; provided, however, that Acquiror and its Affiliates (including the Companies) may employ or hire any such Person who is terminated or otherwise discharged by Sellers or any of their Affiliates; and provided, further, that nothing in this Section 5.10 shall prohibit Acquiror and its Affiliates (including the Companies) from employing or hiring any Person who contacts Acquiror and its Affiliates (including the Companies) on his or her own initiative without direct or indirect solicitation or as a result of a general solicitation to the public or general advertising.