Use of Track Record Sample Clauses

Use of Track Record. Notwithstanding anything to the contrary in this Agreement, following the date of Executive’s termination of employment either by the Company without Cause or by Executive with or without Good Reason (excluding any resignation without Good Reason when grounds to terminate Executive for Cause exists), Executive shall be permitted to retain a track record of Executive’s project investment history for which Executive had supervisory responsibility from the point of Executive’s initial employment within the NRG renewables business in 2013 through the date of the “Closing” as set forth in, and subject to, the Prior Agreement (the “Track Record”). Executive shall have access to the following details for purposes of validating the Track Record: (i) date of initial investment; (ii) name of investment (i.e., Project Name); (iii) investment characteristics (i.e., location, technology, size); (iv) equity invested in dollars; and (v) multiple-of-invested capital and internal rate of return. Notwithstanding the foregoing, the Company’s obligations with respect to the Track Record described herein shall be limited to any such information the Company has in its possession and is itself permitted to share with Executive without violation of any confidentiality obligations the Company (or other member of the Company Group, if applicable) may be subject to. In addition, subject to Executive’s continuous employment hereunder through the date of a Sale of the Company (as defined in the Carry Program), Executive shall be provided a record of the aggregate investment return of Global Infrastructure Partners and its affiliates, as reported to its limited partners, in respect of its investment in the Company from and after the “Closing Date” as set forth in, and subject to, the Prior Agreement through the date of a Sale of the Company (the “GIP Performance Record”). The Company hereby acknowledges and agrees that Executive may furnish the Track Record at any time following such qualifying termination of employment hereunder, and the GIP Performance Record following a Sale of the Company, in either case, for any use, including, but not limited to, for purposes of fundraising; provided, that the Track Record and GIP Performance Record may only be provided to third-parties under a non-disclosure agreement in a form provided by Executive and approved by the Company (which approval shall not be unreasonably withheld).

Use of Track Record. Prior to the first Separation Date, subject to ▇▇▇▇▇▇▇▇▇’▇ prior written consent (not to be unreasonably withheld) and (y) thereafter, subject to consultation with Greenhill with respect to any written materials relating to the New Funds (including any offering memorandum, presentation, annual report, or similar materials, whether in hard or soft copy), the Newco Group shall have the exclusive, non-assignable right (subject to Applicable Law) to use or disclose the investment track record of each Existing Fund; provided that, in each case, Greenhill may at all times use or disclose the investment track record of such Existing Fund in connection with the business of such Existing Fund. From the Closing Date, Newco Group shall have the non- exclusive, non-assignable right (subject to Applicable Law) to use or disclose the investment track record of GHL Acquisition Corp. It is understood and agreed that Greenhill makes no representation or warranty with respect to any legal or regulatory restrictions on the use of the track record or similar information by the Newco Group or any Newco Employee.

Use of Track Record. Asset Seller hereby grants to Purchaser and its Affiliates (including the Acquired Entity) a non-assignable (except to Affiliates of Purchaser), non-exclusive, royalty-free, perpetual license to use and refer to the Asset Seller’s track record of completed projects in marketing materials, proposals, or otherwise, for the limited purpose of informing existing and prospective customers, clients, suppliers, subcontractors and other Persons that certain employees of Purchaser and its Affiliates were involved with and/or responsible for certain projects included in Asset Seller’s track record of completed projects.

Use of Track Record. Notwithstanding any provision of this Agreement, the Adviser hereby authorizes the Subadviser to disclose in third party communications made by it: (a) a statement that the Subadviser acts (or, after termination of this Agreement, acted) as sub-adviser in respect of the Fund; (b) a presentation of the past performance of the Subadviser Assets over any period; (c) a statement of the most recent net asset value and net asset value per unit of the Fund; (the “Track Record”). In connection therewith, the Adviser shall provide the Subadviser with any written materials supporting the Track Record reasonably requested by the Subadviser. The Subadviser will receive approval from the Adviser prior to distribution for any third party communications related to the Fund or the Track Record. This Section 16 shall survive termination of this Agreement.

Use of Track Record. From and after the Closing, the Buyer and its Affiliates will own all right, title and interest in and to the Track Record and have the exclusive right to use the Track Record. From and after the Closing, none of the Seller or its Affiliates may use, reference, or otherwise in any way present (directly or indirectly) the Track Record in such Person’s marketing materials or otherwise without the prior written consent of the Buyer. The Seller will convey the ownership of the Track Record to the Buyer at the Closing. At the Closing and from time to time thereafter, upon the Buyer’s written request, the Seller will, and will cause its Affiliates to, execute, acknowledge and deliver all such further conveyances and other instruments and documents, and do and take all such further actions, as may be reasonably necessary or appropriate to make effective such conveyance.