Not exact matches
Justice Wagner's reasoning will prove useful to parties seeking to
enforce restrictive covenants
against a
vendor who also becomes an employee in the course of a sale of business.
John is also regularly instructed to appear in analogous cases in the High Court and County Court such as claims in which a purchaser seeks to
enforce post-contractual restrictions
against a
vendor of a business; claims to
enforce duties of confidentiality; claims in which a company to
enforce a former director's fiduciary duties; and claims under the Commercial Agents (Council Directive) Regulations 1993.
More specifically, managing this M&A circumstance through an affiliate clause means there is no direct contractual relationship (known as «privity of contract») between the affiliate and the
vendor, which in turn means that neither can
enforce the contract terms
against the other.
Data Providers are third party
vendors under this agreement and are entitled to
enforce this agreement by legal proceeding or otherwise
against any person that gains access to or uses data other than as this agreement stipulates.