Common use of Executive Representations Clause in Contracts

Executive Representations. Executive represents and warrants to the Company that (a) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound, (b) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (c) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) with the exception of the Combination Agreement, Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants ------------------------- to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete non-compete agreement or confidentiality agreement with any other person or entity entity, which would prohibit his performance under this Agreement and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Company that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which Executive he is bound, (b) the Executive is not a party to or bound by any employment agreement, noncompete noncompetition agreement or confidentiality agreement with any other person or entity Person and (c) upon the execution and delivery of this Agreement by the Company, this Agreement shall will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company Holdings that (ai) the execution, delivery delivery, and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete non-compete agreement or confidentiality agreement with any other person or entity Person and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms. Executive hereby acknowledges and represents that he has consulted with independent legal counsel regarding his rights and obligations under this Agreement and that he fully understands the terms and conditions contained herein.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the a valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete non-compete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the a valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive she is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity other than the Company and (ciii) upon the execution and delivery of this Agreement by the Companyparties, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. Executive represents repre-sents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.

Executive Representations. The Executive represents and warrants to the Company that (a) the execution, delivery and performance of this Agreement by the Executive does do not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which Executive he is bound, (b) except for the Prior Agreement, the Executive is not a party to or bound by any employment agreement, noncompete non-competition agreement or confidentiality agreement with any other person or entity entity, and (c) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. Executive hereby represents and warrants to the Company Holdings that (ai) the execution, delivery delivery, and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete non- compete agreement or confidentiality agreement with any other person or entity Person and (ciii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms. Executive hereby acknowledges and represents that he has consulted with independent legal counsel regarding his rights and obligations under this Agreement and that he fully understands the terms and conditions contained herein.

Executive Representations. Executive hereby represents and warrants to the Company that (ai) the execution, delivery and performance of this Agreement by Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive he is bound, (bii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (ciii) upon the execution and delivery of this Agreement by the CompanyExecutive, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms.