Common use of Track Record Clause in Contracts

Track Record. The parties agree that following a termination of Executive’s employment with the Company Executive shall be permitted to use or disclose historic performance data relating to any publicly or privately offered pooled investment funds or other investment partnerships or vehicles which are managed by the Company or any of its subsidiaries and with respect to which Executive had management, executive or investment responsibility (collectively, the “Track Record”), provided that such use and disclosure shall be solely for the purpose of (a) seeking an employment opportunity, other than in an employment role that would constitute Prohibited Competition Activity, (b) seeking a co-investor or joint venture relationship with third parties, including in an investment management business, but excluding any business that would constitute Prohibited Competition Activity or (c) performing Investment Management Services, other than Investment Management Services that would constitute a Prohibited Competition Activity. Notwithstanding anything herein or elsewhere to the contrary, Executive shall not be in breach of any restrictive covenants governing confidentiality or nondisclosure on account of his permitted use and disclosure of historic performance data pursuant to the preceding sentence. For purposes of the foregoing provisions, the terms Prohibited Competition Activity and Investment Management Services shall have the meanings attributed to such terms under the Exchange Agreement among the parties dated [___], 2009. For the avoidance of doubt, nothing contained herein shall limit the right of Company, its subsidiaries and their successors from disclosing and using the Track Record as they deem fit in their sole discretion.