Prohibited Competition Activity

Prohibited Competition Activity. Shall mean any of the following activities: (i) directly or indirectly, whether as owner, part owner, partner, shareholder, member, director, officer, trustee, employee, agent or consultant (or Person acting in a similar capacity) for or on behalf of any Person other than Deerfield or any of its Affiliates: (A) diverting or taking away any funds or investment accounts with respect to which Deerfield or any of its Affiliates is performing Investment Management Services (other than funds of which... Employee and/or members of Employee's Immediate Family are the sole beneficial owners, subject to any applicable restrictions relating thereto set forth in any agreement to which Employee or any of Employee's Affiliates is a party); or (B) soliciting any Person to divert or take away any such funds or investment accounts (other than funds of which Employee and/or members of Employee's Immediate Family are the sole beneficial owners, subject to any applicable restrictions relating thereto set forth in any agreement to which Employee or any of Employee's Affiliates is a party); or (ii) directly or indirectly, whether as owner, part owner, partner, shareholder, member, director, officer, trustee, employee, agent or consultant (or Person acting in a similar capacity) for or on behalf of any Person other than Deerfield or any of its Affiliates, performing any Investment Management Services (provided that if Employee directly performs Investment Management Services for Employee's own account or a member of Employee's Immediate Family without a fee or other remuneration, Employee shall not be considered to have engaged in a Prohibited Competition Activity solely due to the performance of such Investment Management Services). View More