Solicitation and Hiring. During the applicable Restricted Period, neither the Seller nor any Member shall, either directly or indirectly (including through an Affiliate), (a) solicit, hire or attempt to induce any Restricted Employee to terminate his employment with the Buyer or any subsidiary of the Buyer; provided that the restrictions on the Member (as such) set forth in this sentence shall not apply to any Member who is a Key Employee and whose employment is terminated by the Company without Cause (as defined in the Key Employee's Employment Agreement) or who terminates his employment with the Company for Good Reason (as defined in the Key Employee's Employment Agreement).
Appears in 2 contracts
Sources: Asset Purchase Agreement (Suncrest Global Energy Corp), Asset Purchase Agreement (Suncrest Global Energy Corp)
Solicitation and Hiring. During the applicable Restricted Period, neither the Seller nor any Member Shareholder shall, either directly or indirectly (including through an Affiliate), (a) solicit, hire or attempt to induce any Restricted Employee to terminate his employment with the Buyer or any subsidiary of the Buyer; provided that the restrictions on the Member Shareholder (as such) set forth in this sentence shall not apply to any Member Shareholder who is a Key Employee and whose employment is terminated by the Company without Cause (as defined in the Key Employee's Employment Agreement) or who terminates his employment with the Company for Good Reason (as defined in the Key Employee's Employment Agreement).
Appears in 2 contracts
Sources: Asset Purchase Agreement (Suncrest Global Energy Corp), Asset Purchase Agreement (Suncrest Global Energy Corp)
Solicitation and Hiring. During the applicable Restricted Period, neither the Seller nor any Member shall, either directly or indirectly (including through an Affiliate), (a) solicit, hire or attempt to induce any Restricted Employee to terminate his employment with the Buyer or any subsidiary of the Buyer; provided that the restrictions on the Member (as such) set forth in this sentence shall not apply to any Member who is a Key Employee and whose employment is terminated by the Company without Cause (as defined in the Key Employee's ’s Employment Agreement) or who terminates his employment with the Company for Good Reason (as defined in the Key Employee's ’s Employment Agreement).
Appears in 1 contract
Sources: Asset Purchase Agreement (World Energy Solutions, Inc.)