Common use of Nothing in Clause Clause in Contracts

Nothing in Clause. 10.1 shall prohibit the Seller or the Guarantor or any member of the Seller’s Group from directly or indirectly: 10.3.1 holding any interest in any securities listed or dealt in on any securities exchange if the Seller and all other members of the Seller’s Group are together interested in securities which amount to less than three per cent of the issued securities of that class; 10.3.2 acquiring as part of a larger acquisition any interest in any business which carries on the Business, provided first that the turnover of that business which was attributable to the Business in the last completed financial year of that business preceding the completion of the acquisition does not exceed €6,000,000 as derived from any relevant annual accounts (or in their absence any relevant management accounts) for that financial year, and provided further that the relevant member of the Seller’s Group uses all reasonable endeavours to dispose of the business in question as promptly as is reasonably practicable after completion of the relevant acquisition; 10.3.3 publishing any general advertisement not intended primarily to induce any Senior Employee to leave his position; or 10.3.4 soliciting or employing any individual who has not been employed by any Group Company or any other member of the Seller’s Group in relation to the Business for at least six months or whose employment by any Group Company was terminated by any Group Company.

Appears in 2 contracts

Sources: Sale and Purchase Agreement, Agreement for the Sale and Purchase of Shares (Coinstar Inc)