CONFIRMATIONS AND REPRESENTATIONS Sample Clauses
CONFIRMATIONS AND REPRESENTATIONS. 20.1 By signing and returning the Application Form, you confirm each of the following:
(a) You are applying on your own behalf;
(b) You will notify us if:
(i) you become aware that any part of your Subscription is to be invested in any qualifying EIS Company with which you are connected (within the meaning given in section 157, sections 168 to 171 and section 1021 of the Income Tax Act 2010); and
(ii) within three years from the date of issue of shares by any qualifying EIS Company which are allotted to your Portfolio, you become connected or receive value from such a company.
(c) You have read the Memorandum and taken its provisions into consideration, in particular the risk factors set out therein;
(d) You have, where appropriate, sought financial advice on the implications of investing in the Oxford Capital Growth EIS;
(e) You require the Nominee to accept instructions from us in relation to the holding or disposal of the shares in your Portfolio, or the exercise of rights attaching to them and you agree not to give instructions to the Nominee regarding your Portfolio directly, nor to deal in the shares of your Portfolio;
(f) You acknowledge that from time to time we or the Nominee will receive notice of extraordinary general meetings, voting rights, details of rights issues, conversions, takeovers, open offers and other matters relating to the shares in your Portfolio and agree that we shall act as we see fit on your behalf in respect of such matters; and
(g) You acknowledge that we will also collect any dividends and other entitlements arising on your shares, and that as the beneficial owner of the shares you will be liable for all personal taxation in respect of your Portfolio; however, you agree and understand that tax may be deducted from payments due to you if it is due to be deducted under any applicable law and practice.
(h) If applicable, any indication which you have given in the Application Form as to the treatment of Initial Adviser Fees represents your clear and irrevocable instruction to us to make the payment in the amount and the manner indicated. 10 | OXFORD CAPITAL GROWTH EIS APPLICATION FORM | 1 OF 7 This application form is for clients who have received advice from a qualified financial adviser or wealth manager. If you have not received advice, please contact us to discuss your application. Please note if you are completing this application on behalf of an individual for whom you have Powers of Attorney, or on behalf of a Trust, ple...
CONFIRMATIONS AND REPRESENTATIONS. The Employee hereby represents and confirms the following:
5.1. The Employee’s undertakings for non competition and confidentiality according to this Agreement are fair, reasonable and proportionate and were intended to protect secrets and confidential information of the Company and affiliated companies thereof, which are the essence of the Company’s protectable business and commercial advantages in which significant capital has been invested.
5.2. Breach of his aforesaid undertakings – will be contrary to the special fiduciary and loyalty relations between the parties as employee and employer, to proper commerce practices, and to the duty of good faith and fairness between the parties, it will prejudice the Company’s business, and will constitute a fundamental breach of This Agreement and of the Employment Agreement.
5.3. It is clear to and understood by the Employee, that the limited time period and the geographic area as specified in this Agreement are reasonable in view of the nature of the Company’s business and the knowledge of the Employee pertaining to the Company’s business.
5.4. The Employee represents that his undertakings pursuant to this Section, which are reasonable and proportionate – do not prevent him from developing the general knowledge and professional expertise in the field of his occupation, in respect to parties who are not customers or employees of the Company, and without stealing the Company’s secrets.
5.5. The Company will be entitled to assign the undertakings of the Employee thereto in this Agreement. The Employee will not be entitled to assign or to transfer to another his duties pursuant to this Agreement without the Company’s prior written approval. This Agreement binds the Employee’s heirs, permitted assignees and anyone who shall come in his lieu according to law. By virtue of my power under Section 14 of the Severance Pay Law, 5723-19631 (the “Law”), I hereby confirm, that contributions made by an employer for his employee, commencing as of the date of publication of this approval, to a comprehensive pension in a provident fund for annuity that is not an insurance fund within the meaning of such term in the Income Tax Regulations (Rules for the Approval and Management of Provident Funds), 5724-19642 (a “Pension Fund”) or to a managers’ insurance that includes the possibility of an annuity or a combination of payments to an annuity plan and to a non-annuity plan within such insurance fund (an “Insurance Fund), including co...