Common use of Non-Solicitation Clause in Contracts

Non-Solicitation. During the Restricted Period, the Stockholder shall not, directly, or indirectly through another Person, (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries to leave the employ of the Company or any of its Subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees).

Appears in 8 contracts

Samples: Support Agreement (OCM Principal Opportunities Fund IV, LP), Support Agreement (Cyanco Holding Corp.), Support Agreement (OCM Principal Opportunities Fund IV, LP)

Non-Solicitation. During the Restricted Employment Period and for two years following the date of termination or expiration of the Employment Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business (or materially reduce the amount of business done) with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 5 contracts

Samples: Amended and Restated Employment Agreement (Hillman Companies Inc), Amended and Restated Employment Agreement (Hillman Companies Inc), Executive Securities Agreement (Hillman Companies Inc)

Non-Solicitation. During In consideration of Executive’s employment and receipt of payments hereunder, during the Restricted Period period commencing on the Effective Date and ending twenty-four (24) months after the Date of Termination, the Stockholder Executive shall not, not directly, or indirectly through another Person person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Subsidiaries affiliates or subsidiaries to leave the employ or services of the Company or any of its Subsidiaries affiliates or subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries affiliates or subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its affiliates or subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer affiliates or supplier subsidiaries in order to induce or other potential attempt to induce such person to cease doing business with, or prospective reduce the amount of business relation of conducted with, the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit affiliates or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements affiliates or communications about subsidiaries. No action by another person or entity shall be deemed to be a breach of this provision unless the Company Executive directly or any of its Subsidiaries indirectly assisted, encouraged or any of their respective stockholders, directors, officers otherwise counseled such person or employees) entity to engage in such activity.

Appears in 5 contracts

Samples: Employment Agreement (Warrior Met Coal, Inc.), Warrior Met Coal, LLC, Warrior Met Coal, LLC

Non-Solicitation. During The Executive hereby agrees that during the Restricted Term and the Restriction Period, (i) the Stockholder shall Executive will not, directly, directly or indirectly through another Person entity, (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire thereof or otherwise retain for employ or receive the services any person of an individual who was an employee of Cyanco the Company or its subsidiaries at any time during such Restriction Period, except any such individual whose employment has been terminated by the one-year period immediately prior Company and (ii) the Executive will not induce or attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer, supplier, licensee client, licensor broker, lessor licensee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 5 contracts

Samples: Employment Agreement (Antares Pharma, Inc.), Amended and Restated Employment Agreement (Antares Pharma, Inc.), Amended and Restated Employment Agreement (Antares Pharma, Inc.)

Non-Solicitation. During As partial consideration for the Restricted Period severance payments and benefits to be provided to the Employee pursuant to Section 3 of this Agreement, the Stockholder Employee agrees that during the two-year period next following the Date of Termination, the Employee shall not, directly, not directly or indirectly through another Person, (i) induce solicit or attempt induce, or cause others to induce solicit or induce, any employee of the Company or any of its Subsidiaries Consolidated Subsidiary to leave the employ employment of such entities, or (ii) solicit (whether by mail, telephone, personal meeting or any other means, excluding general solicitations of the public that are not based in whole or in part on any list of customers of the Company or any Consolidated Subsidiary) any customer of its Subsidiaries the Company or any Consolidated Subsidiary to transact business with any Competing Business, or in to reduce or refrain from doing any way business with the Company or any Consolidated Subsidiary, or interfere with the or damage (or attempt to interfere with or damage) any relationship between the Company or any of its Subsidiaries Consolidated Subsidiary and any employee thereof, (ii) hire or otherwise retain for services such customers. The provisions of this Section 5 shall survive any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation termination of the Company or Employee’s employment and any termination of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) this Agreement.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (HomeTrust Bancshares, Inc.), Change in Control Severance Agreement (HomeTrust Bancshares, Inc.), Change in Control Severance Agreement (HomeTrust Bancshares, Inc.)

Non-Solicitation. During As partial consideration for the Restricted Period severance payments and benefits to be provided to the Employee pursuant to Section 7 of this Agreement, the Stockholder Employee agrees that during the three-year period next following the Date of Termination, the Employee shall not, directly, not directly or indirectly through another Person, (i) induce solicit or attempt induce, or cause others to induce solicit or induce, any employee of the Company or any of its Subsidiaries Consolidated Subsidiary to leave the employ employment of such entities, or (ii) solicit (whether by mail, telephone, personal meeting or any other means, excluding general solicitations of the public that are not based in whole or in part on any list of customers of the Company or any Consolidated Subsidiary) any customer of its Subsidiaries the Company or any Consolidated Subsidiary to transact business with any Competing Business, or in to reduce or refrain from doing any way business with the Company or any Consolidated Subsidiary, or interfere with the or damage (or attempt to interfere with or damage) any relationship between the Company or any of its Subsidiaries Consolidated Subsidiary and any employee thereof, (ii) hire or otherwise retain for services such customers. The provisions of this Section 10 shall survive any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation termination of the Company or Employee’s employment and any termination of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (HomeTrust Bancshares, Inc.), Amended and Restated Employment Agreement (HomeTrust Bancshares, Inc.), Amended and Restated Employment Agreement (HomeTrust Bancshares, Inc.)

Non-Solicitation. During the Restricted Period Employment Period and for two years following either the date of termination of the Employment Period or the Expiration Date, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business (or materially reduce the amount of business done) with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 4 contracts

Samples: Employment Agreement (Hillman Companies Inc), Employment Agreement (Tagworks, LLC), Employment Agreement (Hillman Companies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder you shall not, not directly, or indirectly through another Person person or entity use proprietary knowledge or information relating to the Company, its subsidiaries or its Affiliates obtained during the course of your employment with the Company with the intention to, or which a reasonable person would construe to (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries or Affiliates to leave the employ of the Company or any of its Subsidiaries such subsidiary or Affiliate, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and Affiliates and any employee thereof thereat, including, without limitation, inducing or attempting to induce any union, employee or group of employees to interfere with the Business or operations of the Company or its subsidiaries or Affiliates, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any subsidiary or Affiliate of the Company at any time during within the one six- year month period immediately prior to the Purchase Date date you employ or seek to employ such person, or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee distributor, licensor franchisee, lessor licensee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer subsidiary or supplier or other potential or prospective business relation Affiliate of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries such subsidiary or Affiliate, or in any way interfere with the relationship between any such customer, supplier, licensee distributor, business relation franchisee, licensee or other potential or prospective business relation and the Company or any subsidiary or Affiliate of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 4 contracts

Samples: Video Network Communications Inc, Video Network Communications Inc, Video Network Communications Inc

Non-Solicitation. During the Restricted Period Term and for three (3) years thereafter (the "NON-SOLICITATION PERIOD"), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (i) induce or attempt to induce any managerial or executive-level employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) without the Company's prior written consent, hire or otherwise retain for services any person who was an a managerial or executive level employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Term or (iii) call on, solicit induce or service attempt to induce any customer, supplier, landlord, developer, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary or ( including making iv) make any negative negative, derogatory or disparaging statements or communications about regarding the Company or its Subsidiaries or any of their officers, directors or affiliates. Notwithstanding the foregoing, after Executive's employment is terminated for any reason, Executive may hire any former employee of the Company or any of its Subsidiaries who were involuntarily terminated by the Company or any of their respective stockholders, directors, officers or employees) its Subsidiaries.

Appears in 4 contracts

Samples: Stock Option Agreement (Cinemark Usa Inc /Tx), Stock Option Agreement (Cinemark Usa Inc /Tx), Stock Option Agreement (Cinemark Usa Inc /Tx)

Non-Solicitation. During For so long as Executive is employed by the Restricted Company, and for a period of twelve (12) months after the termination of Executive’s employment for any reason (the “Restrictive Period ”), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit induce or service attempt to induce any customer , developer, client, member, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, developer, client, member, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries. The foregoing shall not limit serving as a reference upon request with regard to an entity with which Executive is not affiliated.

Appears in 4 contracts

Samples: Employment Agreement (Global Defense Technology & Systems, Inc.), Employment Agreement (Global Defense Technology & Systems, Inc.), Employment Agreement (Global Defense Technology & Systems, Inc.)

Non-Solicitation. During The Executive further agrees that during the Restricted Term and the Non-Competition Period, the Stockholder Executive shall not, directly, or indirectly through another Person, not (i) in any manner, directly or indirectly, induce or attempt to induce any employee of the Company or any of its Subsidiaries divisions, subsidiaries or affiliates to leave terminate or abandon his or her employment for any purpose whatsoever or (ii) in connection with the employ Business, call on, service, solicit or otherwise do business with any customer of the Company or any of its Subsidiaries divisions, subsidiaries or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) affiliates.

Appears in 4 contracts

Samples: Employment Agreement (Endurance Specialty Holdings LTD), Employment Agreement (Endurance Specialty Holdings LTD), Amended and Restated Employment Agreement (Endurance Specialty Holdings LTD)

Non-Solicitation. During The Executive hereby agrees that during the Restricted Term and the Restriction Period, (i) the Stockholder shall Executive will not, directly, directly or indirectly through another Person entity, (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire thereof or otherwise retain for employ or receive the services any person of an individual who was an employee of Cyanco the Company or its subsidiaries at any time during such Non-Solicitation Period, except any such individual whose employment has been terminated by the one-year period immediately prior Company and (ii) the Executive will not induce or attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer, supplier, licensee client, licensor broker, lessor licensee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 4 contracts

Samples: Employment Agreement (Antares Pharma, Inc.), Employment Agreement (Antares Pharma, Inc.), Employment Agreement (Antares Pharma, Inc.)

Non-Solicitation. During At all times during Executive’s employment and during the Restricted Protection Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (other than on behalf of the Company and its Subsidiaries) (i) induce or attempt to induce any employee or officer or independent contractor of the Company or any of its Subsidiaries to leave the employ of of, or terminate its affiliation with, the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof such Person, (ii) hire or otherwise retain for services seek any person business affiliation with any Person who was an employee or officer or independent contractor of Cyanco at the Company or any time during of its Subsidiaries within one year after such Person ceased to be an officer or employee of the one-year period immediately prior to the Purchase Date Company or any of its Subsidiaries, or (iii) call on, solicit induce or service attempt to induce any customer , client, supplier, licensee, licensor, lessor referral source or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, such Subsidiary or in any way interfere with the relationship between any such customer, client, supplier, licensee, business relation, referral source or other potential or prospective business relation and the Company or any of its Subsidiaries such Subsidiary ( including including, without limitation, making any negative statements or communications about concerning the Company or any of its Subsidiaries Subsidiaries); provided, however, that the foregoing clause (iii) shall not limit or any of their respective stockholders, directors, officers or employees) restrict Executive from soliciting Persons for services that do not directly compete with the Business.

Appears in 3 contracts

Samples: Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.)

Non-Solicitation. During the Restricted Period, the Selling Stockholder and its affiliates shall not not directly or indirectly, directly either individually or acting in concert or as an advisor, representative, agent, employee, partner, shareholder, investor, lender, director, consultant or indirectly through another in any other capacity on behalf of any other Person, (i) with respect to the Lines of Business, request, induce or attempt to influence any distributor or supplier of goods or services to the Company or any of its subsidiaries to curtail, cancel or refrain from increasing the amount or type of business such distributor or supplier of goods or services is currently transacting, or transacts during the Restricted Period, with the Company or its subsidiaries; (ii) solicit any customer of the Company or any of its subsidiaries with whom the Company or any of its subsidiaries has had any dealings for the purpose of soliciting business to sell or otherwise provide to such customer or any other customer of the Company or any of its subsidiaries any product or service included in the Lines of Business, and in furtherance thereof, the Selling Stockholder, individually or as an advisor, representative, agent, employee, partner, shareholder, investor, lender, director, consultant or in any other capacity on behalf of any other Person, shall not attempt in any manner to solicit and/or otherwise persuade or induce any such customer of the Company or any of its subsidiaries to cease to do business, reduce the amount of business which any such customer has customarily done or contemplated doing or refrain from increasing the amount of business with the Company and its subsidiaries ; (iii) except for advertisements in generally available publications, solicit for employment any individual who is an employee, agent or representative of the Company or any of its subsidiaries as of the date hereof or any time during the Restricted Period; or (iv) except for advertisements in generally available publications, influence or attempt to influence any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company terminate his or any of its Subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) her employment.

Appears in 3 contracts

Samples: MJD Communications Inc, MJD Communications Inc, MJD Communications Inc

Non-Solicitation. During If the Executive becomes entitled to receive benefits under Section 3(a) of this Agreement, then during the Restricted Period, the Stockholder Executive shall not, directly directly or indirectly, for himself or indirectly through another Person on behalf of any other person or entity, solicit for employment any person who at any time during the then immediately preceding twelve ( i 12) induce or attempt to induce any month period shall have been an employee of the Company or any of its Subsidiaries subsidiaries (other than any such person whose employment was terminated by the Company prior to leave the employ such employment, engagement or retention), or contact any supplier, customer or employee of the Company or any of its Subsidiaries subsidiaries for the purpose of soliciting or diverting any such supplier, customer or in any way interfere employee from its business relationship with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire subsidiaries or otherwise retain for services any person who was an employee of Cyanco at any time during intentionally interfering with the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation relationship of the Company or any of its Subsidiaries (including subsidiaries with any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) foregoing.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Schnitzer Steel Industries Inc), Change of Control Severance Agreement (Schnitzer Steel Industries Inc), Change of Control Severance Agreement (Schnitzer Steel Industries Inc)

Non-Solicitation. During At all times during Executive’s employment and during the Restricted Protection Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (other than on behalf of the Company and its Subsidiaries) (i) induce or attempt to induce any employee or officer or independent contractor of the Company or any of its Subsidiaries to leave the employ of of, or terminate its affiliation with, the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof such Person, or (ii) hire induce or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer , client, supplier, licensee, licensor, lessor referral source or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, such Subsidiary or in any way interfere with the relationship between any such customer, client, supplier, licensee, business relation, referral source or other potential or prospective business relation and the Company or any of its Subsidiaries such Subsidiary ( including including, without limitation, making any negative statements or communications about concerning the Company or any of its Subsidiaries Subsidiaries); provided, however, that the foregoing clause (ii) shall not limit or any of their respective stockholders, directors, officers or employees) restrict Executive from soliciting Persons for services that do not directly compete with the Business.

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.)

Non-Solicitation. During the Restricted Non-Compete Period, the Stockholder shall Executive will not, directly, directly or indirectly through another Person person, (i) induce or attempt to induce solicit any employee of the Company or any of its Subsidiaries direct or indirect subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries and such subsidiary, on the one hand, and any employee thereof, on the other hand, (ii) hire or otherwise retain for services any person individual who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer direct or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries indirect subsidiaries at any time during from and after the one-year period immediately prior to such call date hereof, or (iii) solicit or service), induce or attempt to induce such Person to cease doing business any brokers that are registered with the Company or any of its Subsidiaries, direct or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) indirect subsidiaries.

Appears in 2 contracts

Samples: WMC Finance Co, WMC Finance Co

Non-Solicitation. During the Restricted Period, the Stockholder Executive shall not, directly directly or indirectly, for himself or indirectly through another Person on behalf of any other person or entity, (i) induce employ, engage or attempt to induce retain any person who at any time during the then immediately preceding 12 month period shall have been an employee of the Company or any of its Subsidiaries subsidiaries (other than any such person whose employment was terminated by the Company prior to leave the employ such employment, engagement or retention), or contact any supplier, customer or employee of the Company or any of its Subsidiaries subsidiaries for the purpose of soliciting or diverting any such supplier, customer or in any way interfere employee from its business relationship with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire subsidiaries or otherwise retain for services any person who was an employee of Cyanco at any time during intentionally interfering with the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation relationship of the Company or any of its Subsidiaries (including subsidiaries with any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) foregoing.

Appears in 2 contracts

Samples: Employment Agreement (Halcyon Jets Holdings, Inc.), Employment Agreement (TRUEYOU.COM)

Non-Solicitation. During the Restricted Term and for three (3) years thereafter (the “Non-solicitation Period ”), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (i) induce or attempt to induce any managerial or executive-level employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) without the Company’s prior written consent, hire or otherwise retain for services any person who was an a managerial or executive level employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Term or (iii) call on, solicit induce or service attempt to induce any customer, supplier, landlord, developer, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary or ( including making iv) make any negative negative, derogatory or disparaging statements or communications about regarding the Company or its Subsidiaries or any of their officers, directors or affiliates. Notwithstanding the foregoing, after Executive’s employment is terminated for any reason, Executive may hire any former employee of the Company or any of its Subsidiaries who were involuntarily terminated by the Company or any of their respective stockholders, directors, officers or employees) its Subsidiaries.

Appears in 2 contracts

Samples: Employment Agreement (Cinemark Holdings, Inc.), Employment Agreement (Cinemark Holdings, Inc.)

Non-Solicitation. During the Restricted Period period commencing on the date hereof and ending on the later of (i) the first anniversary of the date on which such Management Holder ceases to be a Holder of Common Shares, (ii) the second anniversary of the Repurchase Event of such Management Holder and (iii) the date on which such Management Holder ceases to receive any payments related to salary, bonus or severance from the Company or any of its Subsidiaries (or, in the case of any payment made in a lump sum, the Stockholder expiration of the period to which such payment relates), such Management Holder shall not, not directly, or indirectly through another Person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Affiliates or Subsidiaries to leave the employ or services of the Company or any of its Affiliates or Subsidiaries, or in any way interfere with the relationship between the Company or any of its Affiliates or Subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its Affiliates or Subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place (it being conclusively presumed by the parties so as to avoid any disputes under this Section 9(d) that any such hiring within such twelve-month period is in violation of clause (x) above) or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Affiliates or Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior in order to such call, solicit or service), induce or attempt to induce such Person to cease doing business with with, or reduce the amount of business conducted with, the Company or any of its Affiliates or Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements Affiliates or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Subsidiaries.

Appears in 2 contracts

Samples: Stockholder Agreement (Popular Inc), Stockholder Agreement (Popular Inc)

Non-Solicitation. During Each Management Holder agrees that during the Restricted Period period commencing on the Merger Closing Date and ending on the first anniversary of the date on which such Management Holder is no longer employed by the Company or any of its Subsidiaries for any reason (including upon death or disability), the Stockholder such Management Holder shall not, not directly, or indirectly through another Person, (i) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Affiliates or Subsidiaries to leave the employ or services of the Company or any of its Affiliates or Subsidiaries, or in any way interfere with the relationship between the Company or any of its Affiliates or Subsidiaries and any employee employee, representative, agent or consultant thereof, (ii) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its Affiliates or Subsidiaries at any time during the one-year 12-month period immediately prior to the Purchase Date, date on which such hiring would take place or (iii) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Affiliates or Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior in order to such call, solicit or service), induce or attempt to induce such Person to cease doing business with with, or reduce the amount of business conducted with, the Company or any of its Affiliates or Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements Affiliates or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Subsidiaries.

Appears in 2 contracts

Samples: Stockholder Agreement (EVERTEC, Inc.), Stockholder Agreement (Popular Inc)

Non-Solicitation. During For the Restricted Period duration of the Employment Period and for twelve (12) months thereafter, other than in the Stockholder course of performing his duties, Executive shall not, directly, not directly or indirectly through another Person, person (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire hire, within ninety days of such person’s termination of employment with the Company or otherwise retain for services any of its Affiliates, any person who was an employee of Cyanco the Company or any Subsidiary at any time during while Executive is employed by the one-year period immediately prior to the Purchase Date, Company or (iii) call on, solicit personally induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way personally interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary. This Section 7(b) shall not apply to ( including making i) general advertisements to hire employees not directed at individuals described herein or (ii) Executive serving as a reference for any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) such individual.

Appears in 2 contracts

Samples: Executive Employment Agreement (Leidos Holdings, Inc.), Executive Employment Agreement (STG Group, Inc.)

Non-Solicitation. During In consideration of Executive’s employment and receipt of payments hereunder, including, without limitation, the grant of options under Section 2(c), during the period commencing on the Effective Date and ending twelve (12) months after the Date of Termination (the “Restricted Period ”), the Stockholder Executive shall not, not directly, or indirectly through another Person person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Subsidiaries affiliates or subsidiaries to leave the employ or services of the Company or any of its Subsidiaries affiliates or subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries affiliates or subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its affiliates or subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer affiliates or supplier subsidiaries in order to induce or other potential attempt to induce such person to cease doing business with, or prospective reduce the amount of business relation of conducted with, the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit affiliates or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements affiliates or communications about the Company subsidiaries. No action by another person or any entity shall be deemed to be a breach of its Subsidiaries this provision unless Executive directly or any of their respective stockholders indirectly assisted, directors, officers encouraged or employees) otherwise counseled such person or entity to engage in such activity.

Appears in 2 contracts

Samples: Great Wolf Resorts, Inc., Great Wolf Resorts, Inc.

Non-Solicitation. During In consideration of the Company entering into this Agreement, Executive hereby agrees and covenants that during the Restricted Period, Executive shall not directly or indirectly, whether on Executive’s own account or for the Stockholder shall not, directly, benefit of any other person or indirectly through another Person, entity (i) induce solicit or attempt to induce solicit any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way unlawfully interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was is, or within the preceding 12 months was, an employee employee, independent contractor or consultant of Cyanco at any time during the one-year period immediately prior to the Purchase Date, Company or its subsidiaries or (iii) call on, solicit or service attempt to solicit any customer, supplier, licensee, licensor, lessor or other business relation customer of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries such subsidiary or otherwise call-on, solicit or in any other way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation customer and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 2 contracts

Samples: Employment Agreement (Sirva Inc), Employment Agreement (Sirva Inc)

Non-Solicitation. During The Executive hereby agrees that during the Restricted Term and the Restriction Period (the “Non-Solicitation Period ”), (i) the Stockholder shall Executive will not, directly, directly or indirectly through another Person entity, (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire thereof or otherwise retain for employ or receive the services any person of an individual who was an employee of Cyanco the Company or its subsidiaries at any time during such Non-Solicitation Period, except any such individual whose employment has been terminated by the one-year period immediately prior Company and (ii) the Executive will not induce or attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer, supplier, licensee client, licensor broker, lessor licensee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (Antares Pharma, Inc.), Amended and Restated Employment Agreement (Antares Pharma Inc)

Non-Solicitation. During the Restricted Employment Period and during the Protection Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (other than on behalf of the Company and its Subsidiaries) (i) induce or attempt to induce any employee or officer or independent contractor of the Company or any of its Subsidiaries to leave the employ of of, or terminate its affiliation with, the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof such Person, or (ii) hire induce or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer , client, supplier, licensee, licensor, lessor referral source or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, such Subsidiary or in any way interfere with the relationship between any such customer, client, supplier, licensee, business relation, referral source or other potential or prospective business relation and the Company or any of its Subsidiaries such Subsidiary ( including including, without limitation, making any negative statements or communications about concerning the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Employment Agreement (Bonds.com Group, Inc.)

Non-Solicitation. During the Restricted Period Employment Period and for one (1) year thereafter, the Stockholder Executive shall not, directly, not directly or indirectly through another Person another, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiary to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiary to cease doing business with the Company or any of its Subsidiaries such subsidiary, or in any way anyway interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees subsidiaries).

Appears in 1 contract

Samples: Employment Agreement (Arrowhead Research Corp)

Non-Solicitation. During the Restricted Employment Period and for two (2) years following the date of termination of the Employment Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business (or materially reduce the amount of business done) with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Amended and Restated Employment Agreement (Hillman Companies Inc)

Non-Solicitation. During the Restricted Period Employment Period and for two (2) years thereafter, the Stockholder Executive shall not, directly, not directly or indirectly through another Person another, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiary to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiary to cease doing business with the Company or any of its Subsidiaries such subsidiary, or in any way anyway interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees subsidiaries).

Appears in 1 contract

Samples: Employment Agreement (Arrowhead Research Corp)

Non-Solicitation. During the Restricted Employment Period and for two years following the date of termination or expiration of the Employment Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business (or materially reduce the amount of business done) with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including,without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Amended and Restated Employment Agreement (Hillman Companies Inc)

Non-Solicitation. During the Restricted Employment Period and until the later of (i) the third anniversary of the date of this Agreement and (ii) the first anniversary of the expiration of the Employment Period (the "Non-Solicitation Period "), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company Sabratek or any of its Subsidiaries subsidiaries (including the Company) to leave the employ of the Company Sabratek or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company Sabratek or any of its Subsidiaries such subsidiary and any employee thereof, or (ii) hire induce or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior attempt to the Purchase Date, or (iii) call on, solicit or service induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company Sabratek or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiary to cease doing business with the Company Sabratek or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company Sabratek or any of its Subsidiaries such subsidiary ( including including, without limitation, making any negative statements or communications about the Company Sabratek or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees subsidiaries).

Appears in 1 contract

Samples: Confidentiality Agreement (Sabratek Corp)

Non-Solicitation. During the Restricted Executive’s employment with the Company or any of its subsidiaries and for a period of one (1) year after termination of any such employment for any reason (the “Restrictive Period ”), regardless of when such termination of employment occurs, the Stockholder Executive shall not, directly on the Executive’s own behalf or on behalf of any bank, savings and loan association, credit union or indirectly through another Person similar financial institution, directly or indirectly, do any of the following (the “Non-Solicitation Covenant”): (i) induce or attempt to induce any employee officer of the Company or any of its Subsidiaries subsidiaries, or any employee who previously reported to the Executive, to leave the employ of the Company or any of its Subsidiaries subsidiaries; (ii) in any way interfere with the relationship between the Company or any of its subsidiaries and any such officer or employee; (iii) employ, or otherwise engage as an employee, independent contractor or otherwise, any such officer or employee; or (iv) induce or attempt to induce any customer, supplier, licensee or business relation of the Company or any of its subsidiaries to cease doing business with the Company or any of its subsidiaries or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders customers, directors suppliers, officers licensees or employees) business relations where the Executive had personal contact with, or has accessed Confidential Information in the preceding twelve (12) months with respect to, such customers, suppliers, licensees or business relations. Notwithstanding the foregoing, any party identified on Schedule A hereto shall be excluded from the scope of the Non-Solicitation Covenant.

Appears in 1 contract

Samples: Old Second Bancorp Inc

Non-Solicitation. During the Restricted Non-Compete Period, the Stockholder shall Executive will not, directly, directly or indirectly through another Person person, (i) induce or attempt to induce solicit any employee of the Company Companies or any of its Subsidiaries their direct or indirect subsidiaries to leave the employ of the Company Companies or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Companies and such subsidiary, on the one hand, and any employee thereof, on the other hand, (ii) hire or otherwise retain for services any person individual who was an employee of Cyanco the Companies or any of their direct or indirect subsidiaries at any time during from and after the one-year period immediately prior to the Purchase Date date hereof, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person brokers that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business are registered with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries Companies or any of their respective stockholders, directors, officers direct or employees) indirect subsidiaries.

Appears in 1 contract

Samples: Separation Agreement (RPP Capital Corp)

Non-Solicitation. During the Restricted Non-Compete Period, the Stockholder Seller agrees that it shall not, directly, not (a) hire any employee of PhotoWorks or indirectly through another Person, any of its subsidiaries or any former employee of PhotoWorks or any of its subsidiaries whose employment with PhotoWorks or such subsidiary has ceased within 90 days of such solicitation or hire; or ( i b) induce or attempt to induce any employee of the Company or any of its Subsidiaries to leave the employ of the Company or any of its Subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor licensee or other business relation of the Company PhotoWorks or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company PhotoWorks or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, customer or other potential or prospective business relation and the Company PhotoWorks or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 1 contract

Samples: Photoworks Inc /Wa

Non-Solicitation. During the Restricted Noncompete Period, the Stockholder Executive shall not, directly, not ---------------- directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Employment Agreement (Penncorp Financial Group Inc /De/)

Non-Solicitation. During the Restricted Noncompete Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Certificate of Incorporation (Rapaport Bernard)

Non-Solicitation. During the Restricted Noncompete Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiary to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any subsidiary at any time during the one-year period immediately prior to the Purchase Date, Employment Period or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiary to cease doing business with the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries subsidiary ( including including, without limitation, making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees subsidiaries).

Appears in 1 contract

Samples: Employment Agreement (Tuesday Morning Corp/De)

Non-Solicitation. During the Restricted Noncompete Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, person or entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, of Executive's employment or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Subsidiaries).

Appears in 1 contract

Samples: Separation Agreement and General Release (Euramax International PLC)

Non-Solicitation. During the Restricted Period, the Stockholder Arezone shall not, directly without the prior written permission of the Company, directly or indirectly through another Person indirectly, for himself or on behalf of any other person or entity, (i) induce solicit, call upon, encourage or contact, or attempt to induce solicit, call upon, encourage or contact any customer or prospective customer of the Company or any of its subsidiaries for purposes of providing products or services competitive with those products or services offered by the Company or any of its subsidiaries or causing such person or entity to terminate their business relationship with the Company or any of its subsidiaries, or (ii) solicit or induce, or attempt to solicit or induce, any employee of the Company or any of its Subsidiaries subsidiaries to leave terminate his or her relationship with the employ Company or any of its subsidiaries and/or to enter into an employment or agency relationship with Arezone or with any other person or entity with whom Arezone is affiliated, provided that the restriction in this Section 9 shall apply only to employees of the Company or any of its Subsidiaries, or in any way interfere subsidiaries with whom Arezone worked by virtue of and during his employment with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder Designated Person shall not, directly directly or indirectly, for himself or indirectly through another Person on behalf of any other person or entity, (i) induce employ, engage or attempt to induce retain any person who at any time during the then immediately preceding 12 month period shall have been an employee of the Company or any of its Subsidiaries subsidiaries (other than any such person whose employment was terminated by the Company prior to leave the employ such employment, engagement or retention), or contact any supplier, customer or employee of the Company or any of its Subsidiaries subsidiaries for the purpose of soliciting or diverting any such supplier, customer or in any way interfere employee from its business relationship with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire subsidiaries or otherwise retain for services any person who was an employee of Cyanco at any time during intentionally interfering with the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation relationship of the Company or any of its Subsidiaries (including subsidiaries with any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) foregoing.

Appears in 1 contract

Samples: Consulting Agreement (Eclips Energy Technologies, Inc.)

Non-Solicitation. During the Restricted Period, the Stockholder Freeland shall not, directly without the prior written permission of the Company, directly or indirectly through another Person indirectly, for himself or on behalf of any other person or entity, (i) induce solicit, call upon, encourage or contact, or attempt to induce solicit, call upon, encourage or contact any customer or prospective customer of the Company or any of its subsidiaries for purposes of providing products or services competitive with those products or services offered by the Company or any of its subsidiaries or causing such person or entity to terminate their business relationship with the Company or any of its subsidiaries, or (ii) solicit or induce, or attempt to solicit or induce, any employee of the Company or any of its Subsidiaries subsidiaries to leave terminate his or her relationship with the employ Company or any of its subsidiaries and/or to enter into an employment or agency relationship with Freeland or with any other person or entity with whom Freeland is affiliated, provided that the restriction in this Section 9 shall apply only to employees of the Company or any of its Subsidiaries, or in any way interfere subsidiaries with whom Freeland worked by virtue of and during his employment with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder Gale shall not, directly without the prior written permission of the Company, directly or indirectly through another Person indirectly, for himself or on behalf of any other person or entity, (i) induce solicit, call upon, encourage or contact, or attempt to induce solicit, call upon, encourage or contact any customer or prospective customer of the Company or any of its subsidiaries for purposes of providing products or services competitive with those products or services offered by the Company or any of its subsidiaries or causing such person or entity to terminate their business relationship with the Company or any of its subsidiaries, or (ii) solicit or induce, or attempt to solicit or induce, any employee of the Company or any of its Subsidiaries subsidiaries to leave terminate his or her relationship with the employ Company or any of its subsidiaries and/or to enter into an employment or agency relationship with Gale or with any other person or entity with whom Gale is affiliated, provided that the restriction in this Section 9 shall apply only to employees of the Company or any of its Subsidiaries, or in any way interfere subsidiaries with whom Gale worked by virtue of and during his employment with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder Murphy shall not, directly without the prior written permission of the Company, directly or indirectly through another Person indirectly, for herself or on behalf of any other person or entity, (i) induce solicit, call upon, encourage or contact, or attempt to induce solicit, call upon, encourage or contact any customer or prospective customer of the Company or any of its subsidiaries for purposes of providing products or services competitive with those products or services offered by the Company or any of its subsidiaries or causing such person or entity to terminate their business relationship with the Company or any of its subsidiaries, or (ii) solicit or induce, or attempt to solicit or induce, any employee of the Company or any of its Subsidiaries subsidiaries to leave terminate his or her relationship with the employ Company or any of its subsidiaries and/or to enter into an employment or agency relationship with Murphy or with any other person or entity with whom Murphy is affiliated, provided that the restriction in this Section 9 shall apply only to employees of the Company or any of its Subsidiaries, or in any way interfere subsidiaries with whom Murphy worked by virtue of and during her employment with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder Seidel shall not, directly without the prior written permission of the Company, directly or indirectly through another Person indirectly, for himself or on behalf of any other person or entity, (i) induce solicit, call upon, encourage or contact, or attempt to induce solicit, call upon, encourage or contact any customer or prospective customer of the Company or any of its subsidiaries for purposes of providing products or services competitive with those products or services offered by the Company or any of its subsidiaries or causing such person or entity to terminate their business relationship with the Company or any of its subsidiaries, or (ii) solicit or induce, or attempt to solicit or induce, any employee of the Company or any of its Subsidiaries subsidiaries to leave terminate his or her relationship with the employ Company or any of its subsidiaries and/or to enter into an employment or agency relationship with Seidel or with any other person or entity with whom Seidel is affiliated, provided that the restriction in this Section 9 shall apply only to employees of the Company or any of its Subsidiaries, or in any way interfere subsidiaries with whom Seidel worked by virtue of and during his employment with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Transition and Separation Agreement (Faro Technologies Inc)

Non-Solicitation. During the Restricted Period, the Stockholder you shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee, including, without limitation, inducing or attempting to induce any union, employee thereof or group of employees to interfere with the business or operations the Company or its subsidiaries, (ii) hire or otherwise retain for services any person who was an employee of Cyanco Company or any subsidiary of the Company at any time during within the one six- year month period immediately prior to the Purchase Date date you employ or seek to employ such person, or (iii) call on, solicit induce or service attempt to induce any customer, supplier, licensee distributor, licensor franchisee, lessor licensee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation subsidiary of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee distributor, business relation franchisee, licensee or other potential or prospective business relation and the Company or any subsidiary of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Company.

Appears in 1 contract

Samples: Performance Food Group Co

Non-Solicitation. During the Restricted Period Term and for three (3) years thereafter (the "NON-SOLICITATION PERIOD"), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (i) induce or attempt to induce any managerial or executive-level employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) without the Company's prior written consent, hire or otherwise retain for services any person who was an a managerial or executive level employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Term or (iii) call on, solicit induce or service attempt to induce any customer, supplier, landlord, developer, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary or ( including making iv) make any negative negative, derogatory or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders officers, directors directors or affiliates. Notwithstanding the foregoing, officers after Executive's employment is terminated for any reason, Executive may hire members of his family (which members shall be limited to his spouse, descendants, spouses of his descendants and siblings of his spouse) who are employed by the Company or employees) any of its Subsidiaries or any former employee of the Company or any of its Subsidiaries who were involuntarily terminated by the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Upon Mutual Agreement (Cinemark Usa Inc /Tx)

Non-Solicitation. During the Restricted Term and for three (3) years thereafter (the “Non-solicitation Period ”), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (i) induce or attempt to induce any managerial or executive-level employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof, (ii) without the Company’s prior written consent, hire or otherwise retain for services any person who was an a managerial or executive level employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Term or (iii) call on, solicit induce or service attempt to induce any customer, supplier, landlord, developer, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary or ( including making iv) make any negative negative, derogatory or disparaging statements or communications about regarding the Company or any of its Subsidiaries or any of their respective stockholders officers, directors directors or affiliates. Notwithstanding the foregoing, officers after Executive’s employment is terminated for any reason, Executive may hire members of his family (which members shall be limited to his spouse, descendants, spouses of his descendants and siblings of his spouse) who are employed by the Company or employees) any of its Subsidiaries or any former employee of the Company or any of its Subsidiaries who were involuntarily terminated by the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Cinemark Holdings, Inc.)

Non-Solicitation. During the Restricted Term and for three (3) years thereafter (the “Non-solicitation Period ”), the Stockholder Executive shall not, directly, not directly or indirectly through another Person, Person (i) induce or attempt to induce any managerial or executive-level employee of the Company or any of its Subsidiaries Subsidiary to leave the employ of the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries Subsidiary and any employee thereof such employee, (ii) without the Company’s prior written consent, hire or otherwise retain for services any person who was an a managerial or executive level employee of Cyanco the Company or any Subsidiary at any time during the one-year period immediately prior to the Purchase Date, Term or (iii) call on, solicit induce or service attempt to induce any customer, supplier, landlord, developer, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary or ( including making iv) make any negative negative, derogatory or disparaging statements or communications about regarding the Company or its Subsidiaries or any of their officers, directors or affiliates. Notwithstanding the foregoing, after Executive’s employment is terminated for any reason, Executive may hire any former employee of the Company or any of its Subsidiaries who were involuntarily terminated by the Company or any of their respective stockholders, directors, officers or employees) its Subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Cinemark Holdings, Inc.)

Non-Solicitation. During the Restricted Period Except as prohibited by law, the Stockholder shall Participant further agrees that during the Participant’s employment or service with the Company or its Subsidiaries, and for the two-year period thereafter, the Participant will not, directly directly or indirectly, on the Participant’s own behalf or indirectly through on behalf of another Person, (i) induce solicit, recruit, aid or attempt to induce any employee of the Company or any of its Subsidiaries to leave the employ of their employment with the Company or any of its Subsidiaries in order to accept employment with or render services to another person or entity unaffiliated with the Company or its Subsidiaries, or hire or knowingly take any action to assist or aid any other person or entity in identifying or hiring any way interfere with the relationship between the Company such employee, or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date solicit, aid, or (iii) call on, solicit or service induce any customer, supplier, licensee, licensor, lessor or other business relation customer of the Company or any of its Subsidiaries to purchase goods or services then sold by the Company or its Subsidiaries from another person or entity, or assist or aid any other persons or entity in identifying or soliciting any such customer, or ( including any Person that was a customer or supplier or other potential or prospective business relation iii) otherwise interfere with the relationship of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries employees, customers, agents, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) representatives.

Appears in 1 contract

Samples: Equity Award Agreement (ADT Inc.)

Non-Solicitation. During Executive agrees that during the Restricted Period Employment Period and for 24 months thereafter, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce or attempt to induce any employee of the Company or any of its Subsidiaries to leave the employ of the Company or any of its Subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco the Company or any Subsidiary at any time during the one three- year month period immediately prior to the Purchase Date, expiration of the Employment Period or ( iii ii) call on, solicit induce or service attempt to induce any customer, supplier, licensee, licensor, lessor franchisee or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person Subsidiary to cease doing business with the Company or any of its Subsidiaries such Subsidiary, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, licensee or other potential or prospective business relation and the Company or any of its Subsidiaries Subsidiary ( including including, without limitation, making any negative statements or communications about the Company or any of its Subsidiaries Subsidiaries) which interference causes material monetary damage to the Company or any of their respective stockholders, directors, officers or employees) its Subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (1 800 Contacts Inc)

Non-Solicitation. During Executive covenants and agrees that at all times during Executive's employment with the Restricted Company, and during the Non-Compete Period, the Stockholder shall Executive will not, directly without the prior written consent of the Company, directly or indirectly through another Person, (i) induce any customer of the Company or attempt any of its subsidiaries to patronize any similar business which competes with any material business of the Company or any of its subsidiaries; (ii) canvass, solicit or accept any similar business from any customer of the Company or any of its subsidiaries; (iii) request or advise any customer of the Company or any of its subsidiaries to withdraw, curtail or cancel such customer's business with the Company or any of its subsidiaries; (iv) disclose to any other person, firm or corporation the names or addresses of any customer of the Company or any of its subsidiaries other than as required in connection with the performance of Executive's duties under this Agreement; or (v) cause, solicit, entice or induce any present or future employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date accept employment with, or (iii) call on compensation from, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) Executive.

Appears in 1 contract

Samples: Subscription Agreement (Capital Environmental Resource Inc)

Non-Solicitation. During In consideration of Consultant’s engagement and receipt of payments hereunder, during the Restricted Period period commencing on the Effective Date and ending twenty-four (24) months after the conclusion of the Term, the Stockholder Consultant shall not, not directly, or indirectly through another Person person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Subsidiaries affiliates or subsidiaries to leave the employ or services of the Company or any of its Subsidiaries affiliates or subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries affiliates or subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its affiliates or subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer affiliates or supplier subsidiaries in order to induce or other potential attempt to induce such person to cease doing business with, or prospective reduce the amount of business relation of conducted with, the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit affiliates or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements affiliates or communications about the Company subsidiaries. No action by another person or any entity shall be deemed to be a breach of its Subsidiaries this provision unless Consultant directly or any of their respective stockholders indirectly assisted, directors, officers encouraged or employees) otherwise counseled such person or entity to engage in such activity.

Appears in 1 contract

Samples: Consulting Agreement (Warrior Met Coal, Inc.)

Non-Solicitation. During In consideration of Executive’s employment and receipt of payments hereunder, including, without limitation, the grant of options under Section 2(c), during the period commencing on the Effective Date and ending twelve (12) months after the Date of Termination (the “Restricted Period ”), the Stockholder Executive shall not, not directly, or indirectly through another Person person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Subsidiaries affiliates or subsidiaries to leave the employ or services of the Company or any of its Subsidiaries affiliates or subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries affiliates or subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its affiliates or subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer affiliates or supplier subsidiaries in order to induce or other potential attempt to induce such person to cease doing business with, or prospective reduce the amount of business relation of conducted with, the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit affiliates or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements affiliates or communications about subsidiaries. No action by another person or entity shall be deemed to be a breach of this provision unless the Company Executive directly or any of its Subsidiaries indirectly assisted, encouraged or any of their respective stockholders, directors, officers otherwise counseled such person or employees) entity to engage in such activity.

Appears in 1 contract

Samples: Great Wolf Resorts, Inc.

Non-Solicitation. During the Restricted Period In consideration of Executive’s employment and receipt of payments hereunder, including, without limitation, the Stockholder grant of options under Section 2(c), during the period commencing on the Effective Date and ending twelve (12) months after the Date of Termination, Executive shall not, not directly, or indirectly through another Person person, ( i x) induce or attempt to induce any employee employee, representative, agent or consultant of the Company or any of its Subsidiaries affiliates or subsidiaries to leave the employ or services of the Company or any of its Subsidiaries affiliates or subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries affiliates or subsidiaries and any employee employee, representative, agent or consultant thereof, ( ii y) hire or otherwise retain for services any person who was an employee employee, representative, agent or consultant of Cyanco the Company or any of its affiliates or subsidiaries at any time during the one twelve- year month period immediately prior to the Purchase Date, date on which such hiring would take place or ( iii z) directly or indirectly call on, solicit or service any customer, supplier, licensee, licensor, lessor representative, agent or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer affiliates or supplier subsidiaries in order to induce or other potential attempt to induce such person to cease doing business with, or prospective reduce the amount of business relation of conducted with, the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit affiliates or service), induce or attempt to induce such Person to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer, supplier, licensee, business relation licensor, representative, agent or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements affiliates or communications about the Company subsidiaries. No action by another person or any entity shall be deemed to be a breach of its Subsidiaries this provision unless Executive directly or any of their respective stockholders indirectly assisted, directors, officers encouraged or employees) otherwise counseled such person or entity to engage in such activity.

Appears in 1 contract

Samples: Great Wolf Resorts, Inc.

Non-Solicitation. During In consideration of the Company entering into this Agreement, Executive hereby agrees and covenants that during the Restricted Period, the Stockholder Executive shall not, directly, not directly or indirectly through another Person, entity (i) induce solicit or attempt to induce solicit any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way unlawfully interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was is, or within the preceding 12 months was, an employee employee, independent contractor or consultant of Cyanco at any time during the one-year period immediately prior to the Purchase Date, Company or its subsidiaries or (iii) call on, solicit or service attempt to solicit any customer, supplier, licensee, licensor, lessor or other business relation customer of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries such subsidiary or otherwise call-on, solicit or in any other way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation customer and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Sirva Inc)

Non-Solicitation. During In consideration of the Company entering into this Agreement, Executive hereby agrees and covenants that during the Restricted Period, Executive shall not directly or indirectly, in Asia, the Stockholder shall not Middle East or in Singapore, directly, whether on Executive’s own account or indirectly through another Person, for the benefit of any other person or entity (i) induce solicit or attempt to induce solicit any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way unlawfully interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was is, or within the preceding 12 months was, an employee employee, independent contractor or consultant of Cyanco at any time during the one-year period immediately prior to the Purchase Date, Company or its subsidiaries or (iii) call on, solicit or service attempt to solicit any customer, supplier, licensee, licensor, lessor or other business relation customer of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries such subsidiary or otherwise call-on, solicit or in any other way interfere with the relationship between any such customer, supplier, licensee, business relation, or other potential or prospective business relation customer and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Sirva Inc)

Non-Solicitation. During In consideration of the Company entering into this Agreement, Executive hereby agrees and covenants that during the Restricted Period, Executive shall not directly or indirectly, whether on Executive’s own account or for the Stockholder shall not, directly, benefit of any other person or indirectly through another Person, entity (i) induce solicit or attempt to induce solicit any employee of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries such subsidiary, or in any way interfere with the relationship between the Company or any of its Subsidiaries subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was is, or within the preceding 12 months was, an employee employee, independent contractor or consultant of Cyanco at any time during the one-year period immediately prior to the Purchase Date, Company or its subsidiaries or (iii) call on, solicit or service attempt to solicit any customer, supplier, licensee, licensor, lessor supplier or other business relation vendor of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries such subsidiary or otherwise call-on, solicit or in any other way interfere with the relationship between any such customer, supplier, licensee, business relation, supplier or other potential or prospective business relation vendor and the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 1 contract

Samples: Employment Agreement (Sirva Inc)

Non-Solicitation. During The Consultant shall not at any time during the Restricted Period, the Stockholder shall not, directly, either alone or indirectly through another Person in association with others, (i) induce solicit, or attempt encourage any organization directly or indirectly controlled by the Consultant to induce solicit any employee employee, agent, representative, etc. of the Company or any of its Subsidiaries subsidiaries to leave the employ of the Company or any of its Subsidiaries subsidiaries, (ii) solicit for employment, hire or engage as an independent contractor, or in permit any way interfere with organization directly or indirectly controlled by the relationship between Consultant to solicit for employment, hire or engage as an independent contractor, any person who was formerly an employee, agent, representative, etc. of the Company or any of its Subsidiaries and any employee thereof, (ii) hire subsidiaries. The Consultant shall not solicit business from or otherwise retain perform services for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor contact or other business relation of the Company or any of its Subsidiaries (including subsidiaries, or induce or attempt to induce, any Person that was a customer customer, licensee, contact or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person subsidiaries to cease doing business with the Company or any of its Subsidiaries subsidiaries, or in any way interfere with the relationship between any such customer , supplier , licensee, business relation, contact or other potential or prospective business relation and of the Company or any of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees) subsidiaries.

Appears in 1 contract

Samples: Consulting Services Agreement (Double Eagle Holdings, Ltd.)

Non-Solicitation. During While employed by the Restricted Period Company and for the one (1) year period following the cessation of that employment for any reason (and without regard to whether such cessation was initiated by Employee or the Company), Employee will not do any of the Stockholder shall not following without the prior written consent of the Company:(1)solicit, directly entice or induce, either directly or indirectly through another Person indirectly, (i) induce any person, firm or attempt to induce any employee corporation who or which is a client or customer of the Company or any of its Subsidiaries subsidiaries to leave the employ become a client or customer of any other person, firm or corporation;(2)influence or attempt to influence, either directly or indirectly, any customer of the Company or its subsidiaries to terminate or modify any written or oral agreement or course of its Subsidiaries, or in any way interfere with the relationship between the Company or any of its Subsidiaries and any employee thereof, (ii) hire or otherwise retain for services any person who was an employee of Cyanco at any time during the one-year period immediately prior to the Purchase Date, or (iii) call on, solicit or service any customer, supplier, licensee, licensor, lessor or other business relation of the Company or any of its Subsidiaries (including any Person that was a customer or supplier or other potential or prospective business relation of the Company or any of its Subsidiaries at any time during the one-year period immediately prior to such call, solicit or service), induce or attempt to induce such Person to cease doing business dealing with the Company or its subsidiaries (except in Employee's capacity as an employee of the Company); or(3)influence or attempt to influence, either directly or indirectly, any of its Subsidiaries person to terminate or modify any employment, or in any way interfere with the relationship between any such customer consulting, supplier agency, licensee distributorship, business relation, licensing or other potential similar relationship or prospective business relation and arrangement with the Company or any its subsidiaries (except in Employee's capacity as an employee of its Subsidiaries (including making any negative statements or communications about the Company or any of its Subsidiaries or any of their respective stockholders, directors, officers or employees Company).

Appears in 1 contract

Samples: MModal Inc.