Potential Client means, subject to the general rules under the definition of Client, at any particular time of determination, any Person to whom (i) the Employer or any of its Controlled Affiliates (or any predecessor thereto), and/or (ii) any shareholder, partner, member, director, officer, employee, agent or consultant (or Persons acting in any similar capacity) of any such Person, acting on behalf of the Employer or any of its Controlled Affiliates (or any predecessor thereto) in any such case has, within two (2) years prior to such time of determination, offered (whether by means of a personal meeting, telephone call, letter, written proposal or otherwise) to serve as investment adviser or otherwise provide Investment Management Services, but who is not at such time an advisee or investment advisory customer of, or otherwise a recipient of Investment Management Services from, the Employer or any of its Controlled Affiliates (directly or indirectly); provided, however, that, from and after the termination of the Equityholder's status (directly and/or through his related Limited Partner, as applicable) as a Partner of the Employer, the term "Potential Client" shall thereafter be limited (solely with respect to the Equityholder) to those Potential Clients to whom such an offer to provide Investment Management Services was made at any time during the two (2) years immediately preceding the date of such termination. The preceding sentence is meant to exclude advertising, if any, through mass media in which the offer, if any, is available to the general public, such as magazines, newspapers and sponsorships of public events.
Potential Client shall mean, at any particular time, any Person to whom the Company, through any of their officers, employees, agents or consultants (or persons acting in any similar capacity), has, within two years prior to such time, offered (by means of a personal meeting, telephone call, email, letter or other written proposal specifically directed to the particular Person) to provide services, but who is not at such time a Client of the Company.
Potential Client shall mean, as of any time of determination, any Person to whom the Partnership (including without limitation, its predecessors) or its Affiliates has offered to provide investment products or services at any point during the period of two (2) years immediately preceding such time of determination (but who has not become a recipient of investment products or services from the Partnership or its Affiliates).
For purposes of this Section 12, Potential Client shall mean (i) a client that has not previously entered into an agreement with RGP; (ii) has not previously been referred or introduced to RGP in writing by any other person; and (iii) has not previously been documented as a client of RGP.
Commissions payable to Consultant as a result of sales of the Company's products or services to Ports shall be pursuant to the terms and conditions, including commission rate, as specified in Section 4(f) hereof; provided, however, that if such Port is an Existing Potential Client that such commission shall be pursuant to Section 4(g).
All DR clients being referred pursuant to this agreement and current potential clients are listed on Exhibit A and either categorized therein as an "Included Client" or a "Potential Client".