Restrictive Terms Clause Samples

Restrictive Terms. The Employee acknowledges that the special relationship of trust and confidence between the Company, and the clients, customers, partners, lessors, affiliates, representatives, agents, service providers, vendors and suppliers of Dallas Operating Corp. (“DOC”) and of the Company (all of the foregoing parties are collectively referred to herein as the “Third Party Relationships”) creates a high risk and opportunity for the Employee to misappropriate the relationship and goodwill existing between the Company and the Third Party Relationships. The Employee further acknowledges that, prior to and during his employment with the Company, the Employee will be provided with access to confidential records, secrets and proprietary information related to the Company and DOC (herein referred to as the “Confidential Information”) that will enable the Employee to benefit from the Confidential Information. The Employee further acknowledges and agrees that it is fair and reasonable for the Company to take steps to protect itself from the risk of such misappropriation. The Employee acknowledges that, in exchange for the execution of the restrictions set forth below, the Employee has received or will receive substantial and valuable consideration. The Employee agrees that this consideration constitutes fair and adequate consideration for the execution of theses restrictions. The Employee covenants and agrees that during the term of this Agreement and for a period of one (1) year immediately following the date on which the Employee ceases to be employed by the Company, for whatever reason, the following shall be applicable a) the Employee will not, under any circumstances, furnish or provide, to any third party, any of the Confidential Information, any trade secrets of the Company or DOC, any lease information, any client or customer lists (or similar type information) of the Company, or any other information which is related to the Company and which is not in the public domain, (b) the Employee shall not, directly or indirectly, do any of the following: (i) solicit to hire, cause to be hired, or hire any person who is employed by the Company (or any of its subsidiaries or affiliates) on the date of termination of this Agreement (the foregoing applies to actions by the Employee directly or on behalf of any third party), or who was employed by the Company at any time during the twelve (12) months preceding the date of termination of this Agreement, or (ii) for the purpose of c...

Restrictive Terms. (i) The consultant further affirms and confirms that the current assignment is not and shall not be, in conflict with any of its present obligations to any party with whom he/she/it has association. (ii) The consultant further affirms and confirms that he/she/it shall hold all Confidential Information in confidence and with the same degree of care he/she/it uses to keep his/her/ts own similar information confidential, but in no event shall it use less than a reasonable degree of care; and shall not, without the prior written consent of CERC, disclose such information to any person for any reason at any time; (iii) The CERC shall be entitled to, without prejudice to any other right for civil or criminal proceedings, receive from the consultant/ professional expert a compensation for the damages for violation by him/her/it of any of the terms of the agreement which shall be limited to the total fee of the assignment.

Restrictive Terms. If, at any time, any Bank Credit Document includes affirmative, negative business or financial covenants, representations and warranties, events of default or other types of material restrictions (each a “Restrictive Term”) that are applicable to the Company or any of its Subsidiaries, other than those Restrictive Terms that are substantially the same as the Restrictive Terms set forth in this Agreement or in any of the other Financing Documents, the Company shall promptly notify each holder of Notes thereof and, if the Required Holders shall so request by written notice to the Company (after a determination has been made by the Required Holders that any Bank Credit Document contains Restrictive Terms, that, either individually or in the aggregate, are more favorable to the Banks or more restrictive on the Company and its Subsidiaries than the Restrictive Terms set forth in this Agreement and the other Financing Documents), the Company and each holder of Notes shall promptly amend this Agreement (or the applicable Credit Parties shall amend the applicable Financing Documents) to incorporate some or all of such Restrictive Terms, in the discretion of the Required Holders.

Restrictive Terms. If, at any time, the Private Placement Documents include affirmative, negative business or financial covenants, representations and warranties, events of default or other types of material restrictions (each a “Restrictive Term”) that are applicable to any Credit Party or any of its Subsidiaries, other than those Restrictive Terms that are substantially the same as the Restrictive Terms set forth in this Agreement or in any of the other Credit Documents, the Company shall promptly notify the Administrative Agent thereof and, if the Administrative Agent shall so request by written notice to the Company (after a determination has been made by the Administrative Agent or the Required Lenders that the Private Placement Documents contain Restrictive Terms, that, either individually or in the aggregate, are more favorable to the Private Placement Noteholders or more restrictive on the Credit Parties and their Subsidiaries than the Restrictive Terms set forth in this Agreement and the other Credit Documents), the Credit Parties, the Administrative Agent and the Lenders shall promptly amend this Agreement (or applicable Credit Documents) to incorporate some or all of such Restrictive Terms, in the discretion of the Administrative Agent or the Required Lenders.