Common use of Creation of Track Record Clause in Contracts

Creation of Track Record. After: (x) the Final Date (except as set forth Section 6(b) and subject to the terms of Sections 6(c) and (d) and 7 below), if any; or (y) a termination of the employment of Employee by the Employer under Section 8(i) within 30 days following a Key Man Event, if any; the Employee will have the right to: (i) disclose the track record generated by Sargon (the “Track Record”) only to market a Permitted Fund (as defined below); and (ii) to discuss activities related to Sargon investment positions (if, and only if, those positions have been publicly disclosed but are not still held by the Existing Funds or their Affiliates on the Final Date) in order to market a Permitted Fund (the matters contemplated in clauses (i) and (ii), collectively, the “Covered Matters”). Either Co-Manager may request that a reputable third party provide an audit or attestation report of the Track Record, whose fees shall be paid by the owners of any new management company that seeks to market off such Track Record.