Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Executive understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Executive may execute this Agreement by August 7, 1999, to acknowledge his understanding of and agreement with the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed by the Executive (the "Effective Time"). During the seven-day period prior to the Effective Time, the Executive may revoke his agreement to accept the terms hereof by notifying the Company of his intention to revoke. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits provided for herein. MARVEL ENTERPRISES, INC. /s/ XXXXXX X. XXXXXX ------------------------------------ By: Xxxxxx X. Xxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."
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Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of By signing belowthis General Release, the Executive expressly acknowledges and agrees to all that: (a) the Executive has carefully read it and fully understands what it means; (b) the Executive has discussed this General Release with an attorney of the terms of this Agreement and intends to be legally bound thereby. The Executive’s choosing before signing it; (c) the Executive understands that he may consider whether to agree to the terms contained herein for a period of has been given at least twenty-one (21) calendar days after the date hereof. Accordingly, to consider this General Release; (d) the Executive may execute has agreed to this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided the Executive under Severance Agreement by August 7, 1999, is sufficient to acknowledge his understanding of and agreement with support the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed releases provided by the Executive under this General Release; (the "Effective Time"). During the seven-day period prior to the Effective Time, f) the Executive may revoke his agreement the Executive’s execution of this General Release within seven (7) days after the Executive signs it by sending written notice of revocation as set forth below; and (g) on the eighth day after the Executive executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Executive does not revoke this Agreement during the revocation period. Any revocation of the Executive’s execution of this General Release must be submitted, in writing, to accept Force Protection, Inc. 0000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Xxxxx Xxxxxxxx 00000-0000, to the terms hereof by notifying attention of the Company Assistant General Counsel, stating “I hereby revoke my execution of his intention the General Release.” The revocation must be personally delivered to revokethe Assistant General Counsel or mailed to the Assistant General Counsel and postmarked within seven (7) days of the Executive’s execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive exercises his right to revoke hereunderagrees that if the Executive does not execute this General Release or, he shall forfeit his right in the event of revocation, the Executive will not be entitled to receive any of the payments or benefits provided for hereinunder the Severance Agreement (other than the Accrued Amounts and the Other Benefits). MARVEL ENTERPRISESThe Executive must execute this General Release on or before [·], INC20[·]. /s/ XXXXXX X. XXXXXX ------------------------------------ ByThis General Release is final and binding and may not be changed or modified. Date: Xxxxxx X. Xxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."[Name]
Appears in 1 contract
Knowing and Voluntary Waiver. The Executive acknowledges that, that by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Executive understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Executive may execute this Agreement by August 7July 20, 1999, to acknowledge his understanding of and agreement with the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed by the Executive (the "Effective Time"). During the seven-day period prior to the Effective Time, the Executive may revoke his agreement to accept the terms hereof by notifying the Company of his intention to revoke. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits provided for herein. MARVEL ENTERPRISES, INC. /s/ XXXXXX BANKERS TRUST CORPORATION /S/ Xxxxx X. XXXXXX ------------------------------------ Xxxxx By: Xxxxx X. Xxxxx, Secretary-Bankers Trust Corporation /S/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx Acknowledgment STATE OF NEW YORK ) ss: COUNTY OF NEW YORK ) On the 29th day of June, 1999, before me personally came Xxxxx X. Xxxxxx who, being by me duly sworn, did depose and say that he resides at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx; and did acknowledge and represent that he has had an opportunity to consult with attorneys and other advisers of his choosing regarding the Separation Agreement attached hereto, that he has reviewed all of the terms of the Separation Agreement and that he fully understands all of its provisions, including, without limitation, the general release and waiver set forth therein. /S/ Xxxx X. Xxxxxxxx Notary Public Date: June 29, 1999 XXXX X. XXXXXXXX NOTARY PUBLIC, STATE OF NEW YORK NO. 31-MO4867292 QUALIFIED IN NEW YORK COUNTY COMMISSION EXPIRES AUGUST 11, 2000 PRESS RELEASE DEUTSCHE BANK Frankfurt am Main, June 29, 1999 Xxxxx Xxxxxx, Co-Chairman of Global Corporates and Institutions (GCI) Division of the Deutsche Bank Group and Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President Directors and Chief Executive Officer of Bankers Trust Corp. will be leaving the CompanyDeutsche Bank Group after the recent successful acquisition of Bankers Trust by Deutsche Bank. XxHis resignation will be on amicable terms and will take effect on June 30,1999. With the closing having occurred and the smooth integration process well on its way, Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from Xxxxxx has attained his goals of achieving maximum value for the Company Bankers Trust shareholders and delivering the Bankers Trust franchise into a secure future. He is now planning to head a media investment concerndevote his future time on new projects. In making the announcement, Xxxxxx Dr. Xxxx-X. Xxxxxx, the Company's Chairman Spokesman of the Board, commented, "Peter's twenty-five years Board of management Managing Directors of Deutsche Bank thanked Xxxxx Xxxxxx for his constructive cooperation and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited his essential contribution to build on the Company's existing creative talent closing and to ensure continued growth. I look forward to his leadershipthe smooth integration of Bankers Trust's businesses and employees."
Appears in 1 contract
Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement Release and intends to be legally bound thereby. The Executive understands and acknowledges that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereofTermination Date. AccordinglyHowever, the Executive may execute Termination Benefits will be delayed until this Agreement by August 7, 1999, Release is executed and delivered to acknowledge his understanding the Employer; provided that there shall be no such delay with respect to any Termination Benefit that is due to be paid upon the closing date of and agreement with a Change in Control (as defined in the foregoingEmployment Agreement). The Executive acknowledges that he has been advised to consult with an attorney prior to executing this AgreementRelease. This Agreement Release will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh eighth day after the date on which it is executed by the Executive (the "Release Effective TimeDate"). During the seven-day period prior to the Effective TimeDate, the Executive may revoke his agreement to accept the terms hereof by notifying serving notice in writing to the Company Employer of his intention to revoke. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits Termination Benefits provided for herein, and to the extent such Termination Benefits have already been provided, the Executive agrees that he will immediately reimburse the Employer for the amounts of such payment. MARVEL ENTERPRISES------------------------------------ Xxxx X. Xxxxxxxx Acknowledgment -------------- STATE OF _________________) ss: COUNTY OF_________________) On the ____ day of __________, INC. /s/ XXXXXX 20__, before me personally came Xxxx X. XXXXXX ------------------------------------ By: Xxxxxx X. XxxxxxXxxxxxxx who, Chairman being by me duly sworn, did depose and say that he resides at _________________; and did acknowledge and represent that he has had an opportunity to consult with attorneys and other advisers of his choosing regarding the Release attached hereto, that he has reviewed all of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer terms of the Company. Xx. Xxxxx replaces Xxxx XxxxxxxxxxRelease and that he fully understands all of its provisions, who resigned from the Company to head a media investment concern. In making the announcementincluding, Xxxxxx Xxxxxxwithout limitation, the Company's Chairman general release and waiver set forth therein. ------------------------------ Notary Public Date: ------------- EXHIBIT B NOTICE OF EXERCISE Xxxxxx & Blake Corporation --------------------------- --------------------------- Date of Exercise: ----------------- Ladies and Gentlemen: This constitutes notice under my stock option that I elect to purchase the number of shares for the price set forth below. Stock option dated -------------------------------- Number of shares as to which option is exercised -------------------------------- Certificates to be issued in name of: -------------------------------- Total exercise price: $ -------------------------------- Cash payment delivered herewith: $ -------------------------------- By this exercise, I agree (i) to provide such additional documents as Executive may reasonably require and (ii) to provide for the payment by me to Executive of your withholding obligation, if any, relating to the exercise of this option. I hereby make the following certifications and representations with respect to the number of shares of Common Stock of Employer listed above (the "SHARES"), which are being acquired by me for my own account upon exercise of the BoardOption as set forth above: I acknowledge that the Shares have not been registered under the Securities Act of 1933, commentedas amended (the "ACT"), and are deemed to constitute "Peter's twenty-five years of management restricted securities" under Rule 701 and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on "control securities" under Rule 144 promulgated under the Company's existing creative talent and to ensure continued growthAct. I look forward warrant and represent to his leadership.Employer that I have no present intention of distributing or selling said Shares, except as permitted under the Act and any applicable state securities laws. I further acknowledge that I will not be able to resell the Shares for at least ninety (90) days after the stock of Employer becomes publicly traded (i.e., subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934) under Rule 701 and that more restrictive conditions apply to affiliates of Employer under Rule 144. I further acknowledge that all certificates representing any of the Shares subject to the provisions of the Option shall have endorsed thereon appropriate legends reflecting the foregoing limitations, as well as any legends reflecting restrictions pursuant to Employer's Articles of Incorporation, Bylaws and/or applicable securities laws. I further agree that, if required by Employer (or a representative of the underwriters) in connection with an underwritten registration of the offering of any securities of Employer under the Act, I will not sell or otherwise transfer or dispose of any shares of Common Stock or other securities of Employer during such period (not to exceed one hundred eighty (180) days or, if less, the period of time any other executive officer of Employer is so restricted) following the effective date of the registration statement of Employer filed under the Act (the "EFFECTIVE DATE") as may be requested by Employer or the representative of the underwriters. I further agree that Employer may impose stop-transfer instructions with respect to securities subject to the foregoing restrictions until the end of such period. Very truly yours, ------------------------------ Xxxx X. Xxxxxxxx
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Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Executive understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after days. The Executive acknowledges that he received this Agreement on November 21, 2002, and has had an opportunity to review and consider the date hereofterms contained in this Agreement. AccordinglyHowever, the Executive may execute Termination Payments provided herein shall not commence until this Agreement by August 7is executed and returned to the Company, 1999, to acknowledge his understanding of and agreement with becomes effective on the foregoingEffective Date as provided below. The Executive acknowledges that he has been advised to consult with and has consulted with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh eighth day after the date on which it is executed by the Executive, provided it is not revoked by the Executive as provided below (the "Effective TimeDate"). During the seven-day period prior to the Effective Time, the The Executive may revoke his agreement to accept the terms hereof by notifying delivering a letter within seven days after he has executed this Agreement addressed to the Company at its corporate offices to the attention of Xxxxx Xxxx, with a copy to Xxxxxx X. Xxxxxxx, Cleary, Gottlieb, Xxxxx & Xxxxxxxx, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, XX 00000, specifying his intention to revokerevoke his agreement. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Termination Payments and benefits provided for herein, and to the extent such payments have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of such payment and the parties' obligations under this Agreement, including without limitation, the General Release and Waiver provided in Section 3 hereof, shall become null and void ab initio and the Executive shall retain any and all claims that he may have had against the Company prior to the execution of this Agreement. MARVEL ENTERPRISESON SEMICONDUCTOR CORPORATION & SEMICONDUCTOR COMPONENTS INDUSTRIES, INCL.L.C. /s/ XXXXX XXXX ----------------------------------- Name: Xxxxx Xxxx Title: Vice President and Secretary /s/ XXXXXX XXXXXX ----------------------------------- Xxxxxx Xxxxxx Acknowledgment STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On the 9th day of December, 2002, before me personally came Xxxxxx Xxxxxx the Executive who, being by me duly sworn, did depose and say that he resides at 0000 X. Xxxxxxxxxx, Xxxxxxxx Xxxxxx, XX 00000; and did acknowledge and represent that he has had an opportunity to consult with attorneys and other advisers of his choosing regarding the Separation Agreement attached hereto, that he has reviewed all of the terms of the Separation Agreement and that he fully understands all of its provisions, including, without limitation, the general release and waiver set forth therein. /s/ XXXXXX XXXXX X. XXXXXX ------------------------------------ ByXXX ---------------------- Notary Public Date: Xxxxxx X. XxxxxxDecember 9, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."2002
Appears in 1 contract
Knowing and Voluntary Waiver. The Executive Employee acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of that (i) Employee has carefully read this Agreement and intends fully understands its meaning; (ii) Employee had the opportunity to be legally bound thereby. The Executive understands that he may consider whether take up to agree to the terms contained herein for a period of twenty-one (21) days after the date hereof. Accordingly, the Executive may execute receiving this Agreement by August 7to decide whether to sign it; (iii) the Company is herein advising Employee, 1999in writing, to acknowledge his understanding of and agreement with the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing before signing it; (iv) Employee is signing this Agreement. This Agreement will become effective, enforceable knowingly, voluntarily, and irrevocable at 5 p.m. without any coercion or duress; (eastern timev) on the seventh day after the date on which it is executed by the Executive Employee has been given seven (the "Effective Time"). During the seven-day period prior to the Effective Time, the Executive may revoke his agreement to accept the terms hereof by notifying the Company of his intention to revoke. If the Executive exercises his right 7) days to revoke hereunderthe ADEA Release following execution of this Agreement; and (vi) everything Employee is receiving for signing this Agreement is described in the Agreement itself, he shall forfeit his right and no other promises or representations have been made to receive any of the benefits provided for hereincause Employee to sign it. MARVEL ENTERPRISESEMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS READ THIS ENTIRE AGREEMENT CAREFULLY, AS THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS (AS ALLOWED BY LAW) WHICH EMPLOYEE MAY HAVE AGAINST THE RELEASED PARTIES, INCLUDING CLAIMS PURSUANT TO THE ADEA. ACCEPTED AND AGREED: ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. /s/ XXXXXX Fxxxxxxx X. XXXXXX ------------------------------------ Xxxxx By: Xxxxxx /s/ Bxxxx X. XxxxxxXxxxxxxx FXXXXXXX X. XXXXX Bxxxx X. Xxxxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel EnterprisesChief Operating Officer, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New YorkFinancial Officer, New York - July 20Treasurer Date: March 4, 1999. Marvel Enterprises2019 Date: March 4, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."2019
Appears in 1 contract
Samples: Retirement Separation and General Release Agreement (Rocky Mountain Chocolate Factory, Inc.)
Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of By signing belowthis General Release, the Executive expressly acknowledges and agrees to all that: (a) the Executive has carefully read it and fully understands what it means; (b) the Executive has discussed this General Release with an attorney of the terms of this Agreement and intends to be legally bound thereby. The Executive’s choosing before signing it; (c) the Executive understands that he may consider whether to agree to the terms contained herein for a period of has been given at least twenty-one (21) calendar days after the date hereof. Accordingly, to consider this General Release; (d) the Executive may execute has agreed to this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided the Executive under Severance Agreement by August 7, 1999, is sufficient to acknowledge his understanding of and agreement with support the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed releases provided by the Executive under this General Release; (the "Effective Time"). During the seven-day period prior to the Effective Time, f) the Executive may revoke his agreement the Executive’s execution of this General Release within seven (7) days after the Executive signs it by sending written notice of revocation as set forth below; and (g) on the eighth day after the Executive executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Executive does not revoke this Agreement during the revocation period. Any revocation of the Executive’s execution of this General Release must be submitted, in writing, to accept Force Protection, Inc. 0000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Xxxxx Xxxxxxxx 00000-0000, to the terms hereof by notifying attention of the Company Co-General Counsel, stating “I hereby revoke my execution of his intention the General Release.” The revocation must be personally delivered to revokethe General Counsel or mailed to the General Counsel and postmarked within seven (7) days of the Executive’s execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive exercises his right to revoke hereunderagrees that if the Executive does not execute this General Release or, he shall forfeit his right in the event of revocation, the Executive will not be entitled to receive any of the payments or benefits provided for hereinunder the Severance Agreement (other than the Accrued Amounts and the Other Benefits). MARVEL ENTERPRISESThe Executive must execute this General Release on or before [·], INC20 [·]. /s/ XXXXXX X. XXXXXX ------------------------------------ ByThis General Release is final and binding and may not be changed or modified. Date: Xxxxxx X. Xxxxxxx Xxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."
Appears in 1 contract
Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement Release and intends to be legally bound thereby. The Executive understands and acknowledges that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereofTermination Date. AccordinglyHowever, the Executive may execute Termination Benefits will be delayed until this Agreement by August 7, 1999, Release is executed and delivered to acknowledge his understanding the Employer; provided that there shall be no such delay with respect to any Termination Benefit that is due to be paid upon the closing date of and agreement with a Change in Control (as defined in the foregoingEmployment Agreement). The Executive acknowledges that he has been advised to consult with an attorney prior to executing this AgreementRelease. This Agreement Release will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh eighth day after the date on which it is executed by the Executive (the "Release Effective TimeDate"). During the seven-day period prior to the Effective TimeDate, the Executive may revoke his agreement to accept the terms hereof by notifying serving notice in writing to the Company Employer of his intention to revoke. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits Termination Benefits provided for herein, and to the extent such Termination Benefits have already been provided, the Executive agrees that he will immediately reimburse the Employer for the amounts of such payment. MARVEL ENTERPRISES_____________________________ Xxxx X. Xxxxxxxx Acknowledgment STATE OF ___________________) ss: COUNTY OF__________________) On the ____ day of _________, INC. /s/ XXXXXX 20___, before me personally came Xxxx X. XXXXXX ------------------------------------ By: Xxxxxx X. XxxxxxXxxxxxxx who, Chairman being by me duly sworn, did depose and say that he resides at _________________; and did acknowledge and represent that he has had an opportunity to consult with attorneys and other advisers of his choosing regarding the Release attached hereto, that he has reviewed all of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer terms of the Company. Xx. Xxxxx replaces Xxxx XxxxxxxxxxRelease and that he fully understands all of its provisions, who resigned from the Company to head a media investment concern. In making the announcementincluding, Xxxxxx Xxxxxxwithout limitation, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management general release and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growthwaiver set forth therein. I look forward to his leadership."__________________ Notary Public Date:_____________
Appears in 1 contract
Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Executive understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after days. The Executive acknowledges that he received this Agreement on March 31, 2003, and has had an opportunity to review and consider the date hereofterms contained in this Agreement. AccordinglyHowever, the Executive may execute Termination Payments provided herein shall not commence until this Agreement by August 7is executed and returned to the Company, 1999, to acknowledge his understanding of and agreement with becomes effective on the foregoingEffective Date as provided below. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh eighth day after the date on which it is executed by the Executive, provided it is not revoked by the Executive as provided below (the "Effective TimeDate"). During the seven-day period prior to the Effective Time, the The Executive may revoke his agreement to accept the terms hereof by notifying delivering a letter within seven days after he has executed this Agreement addressed to the Company at its corporate offices to the attention of his intention Sonny Cave, with a copy to revokeRobert J. Raymond, Cleary, Gottlieb, Stexx & Xxxxxton, One Liberty Xxxxx, Xxx Xxxx, NY 10006, specifying xxx intxxxxxx xo xxxxxx xxx xxxxxxxxx. If the Executive Xx xxx Xxxxxxxxe exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Termination Payments and benefits provided for herein, and to the extent such payments have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of such payment. MARVEL ENTERPRISESON SEMICONDUCTOR CORPORATION & SEMICONDUCTOR COMPONENTS INDUSTRIES, INCL.L.C. /s/ GEORGE H. CAVE ------------------------------------- Name: George H. Cave Title: Vice Prxxxxxxx xxx Xxcretary /s/ JOHN KURTZWEIL ------------------------------------- John Kurtzweil Xxxxxxxxxxxxxx STATE OF ARIZONA) ss: COUNTY OF MARICOPA) On the 2nd day of April, 2003, before me personally came John Kurtzweil the Executive who, being by me duly sworn, did deposx xxx xxx xxxx he resides at MARICOPA COUNTY; and did acknowledge and represent that he has had an opportunity to consult with attorneys and other advisers of his choosing regarding the Separation Agreement attached hereto, that he has reviewed all of the terms of the Separation Agreement and that he fully understands all of its provisions, including, without limitation, the general release and waiver set forth therein. /s/ XXXXXX X. XXXXXX ------------------------------------ ByLINDA M. LEE ---------------------- Notary Public Date: Xxxxxx X. XxxxxxApril 2, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."0000
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Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of signing below, the Executive agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Executive understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Executive may execute this Agreement by August 7, 1999, to acknowledge his understanding of and agreement with the foregoing. The Executive Xxxxx acknowledges that he has been advised to consult with an attorney prior attorney, and has had the opportunity to executing do so, before signing this Agreement, which Xxxxx has been given a reasonable period of time to consider. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed by the Executive (the "Effective Time")PLEASE READ CAREFULLY. During the seven-day period prior to the Effective Time, the Executive may revoke his agreement to accept the terms hereof by notifying the Company of his intention to revokeTHIS IS A VOLUNTARY AGREEMENT THAT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. If the Executive exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits provided for herein. MARVEL ENTERPRISES, CUTTER & BUCK INC. /s/ XXXXXX X. XXXXXX ------------------------------------ By: Xxxxxx /s/ Xxxxxxx X. XxxxxxXxxxx By: /s/ Xxxx X. Xxxxx Xxxxxxx X. Xxxxx, Chairman individually and on Xxxx X. Xxxxx behalf of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and any marital community Title: Chief Executive Officer New YorkDate: March 14, New York - July 202006 Date: March 6, 19992006 EXHIBIT A March 14, 2006 To: The Board of Directors of Cutter & Buck Inc. The undersigned, Xxxx Xxxxx, hereby resigns as Vice President, Chief Operations Officer effective immediately, and as an employee of Cutter & Buck effective March 31, 2006. Marvel Enterprises/s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx EXHIBIT B* Xxxxxxx X. Xxxxx — Options Summary as of March 31, 2006 Grant Date Number Options Granted Exercise Price Amount Vested and Exercisable as of 3/31/06 10/28/2005** 00000867 33,393 $ 4.09 33,393 Total Amount Vested and Exercisable as of March 31, 2006: 33,393 *This Exhibit B fairly and accurately reflects the status of options to the best of the parties’ knowledge. The parties agree to conform this Exhibit B to correct any inaccuracies or scrivener’s errors. **In connection with the special dividend adjustments, grant #0000867 dated 10/28/2005 was issued to replace grant 00000597 dated 06/16/03. EXHIBIT C CHANGE IN CONTROL AGREEMENT FOR Xxxxxxx Xxxxx This Agreement is entered into this 14th day of May 2003 by and between Cutter & Buck Inc. (NYSE: MVLthe “Company”) announced today the appointment of and Xxxxxxx Xxxxx Xxxxx as President and Chief (“Executive”). Executive Officer is an at-will employee of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company The parties wish to head provide Executive with severance benefits if Executive’s employment is terminated in connection with a media investment concern. In making the announcement, Xxxxxx Xxxxxx, change in control of the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited . The Company is willing to build on provide such benefits if Executive enters into the Company's existing creative talent ’s form of Confidentiality and to ensure continued growth. I look forward to his leadershipNon-Competition Agreement for executive officers."
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Samples: Separation and Release Agreement (Cutter & Buck Inc)
Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of By signing belowthis General Release, the Executive expressly acknowledges and agrees to all that: (a) the Executive has carefully read it and fully understands what it means; (b) the Executive has discussed this General Release with an attorney of the terms of this Agreement and intends to be legally bound thereby. The Executive’s choosing before signing it; (c) the Executive understands that he may consider whether to agree to the terms contained herein for a period of has been given at least twenty-one (21) calendar days after the date hereof. Accordingly, to consider this General Release; (d) the Executive may execute has agreed to this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided the Executive under the Employment Agreement by August 7, 1999, is sufficient to acknowledge his understanding of and agreement with support the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed releases provided by the Executive under this General Release; (the "Effective Time"). During the seven-day period prior to the Effective Time, f) the Executive may revoke his agreement the Executive’s execution of this General Release within seven (7) days after the Executive signs it by sending written notice of revocation as set forth below; and (g) on the eighth day after the Executive executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Executive does not revoke this Agreement during the revocation period. Any revocation of the Executive’s execution of this General Release must be submitted, in writing, to accept Force Protection, Inc. 0000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Xxxxx Xxxxxxxx 00000-0000, to the terms hereof by notifying attention of the Company Co-General Counsel, stating “I hereby revoke my execution of his intention the General Release.” The revocation must be personally delivered to revokethe General Counsel or mailed to the General Counsel and postmarked within seven (7) days of the Executive’s execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive exercises his right to revoke hereunderagrees that if the Executive does not execute this General Release or, he shall forfeit his right in the event of revocation, the Executive will not be entitled to receive any of the payments or benefits provided for hereinunder the Employment Agreement (other than the Accrued Amounts and the Other Benefits). MARVEL ENTERPRISESThe Executive must execute this General Release on or before [•], INC20[•]. /s/ XXXXXX X. XXXXXX ------------------------------------ ByThis General Release is final and binding and may not be changed or modified. Date: Xxxxxx X. Xxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."Xxxxxxx Xxxxx
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Knowing and Voluntary Waiver. The Executive acknowledges that, by the Executive's free and voluntary act of By signing belowthis General Release, the Executive expressly acknowledges and agrees to all that: (a) the Executive has carefully read it and fully understands what it means; (b) the Executive has discussed this General Release with an attorney of the terms of this Agreement and intends to be legally bound thereby. The Executive’s choosing before signing it; (c) the Executive understands that he may consider whether to agree to the terms contained herein for a period of has been given at least twenty-one (21) calendar days after the date hereof. Accordingly, to consider this General Release; (d) the Executive may execute has agreed to this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided the Executive under Severance Agreement by August 7, 1999, is sufficient to acknowledge his understanding of and agreement with support the foregoing. The Executive acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable at 5 p.m. (eastern time) on the seventh day after the date on which it is executed releases provided by the Executive under this General Release; (the "Effective Time"). During the seven-day period prior to the Effective Time, f) the Executive may revoke his agreement the Executive’s execution of this General Release within seven (7) days after the Executive signs it by sending written notice of revocation as set forth below; and (g) on the eighth day after the Executive executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Executive does not revoke this Agreement during the revocation period. Any revocation of the Executive’s execution of this General Release must be submitted, in writing, to accept Force Protection, Inc. 9000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Xxxxx Xxxxxxxx 00000-0000, to the terms hereof by notifying attention of the Company Co-General Counsel, stating “I hereby revoke my execution of his intention the General Release.” The revocation must be personally delivered to revokethe General Counsel or mailed to the General Counsel and postmarked within seven (7) days of the Executive’s execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive exercises his right to revoke hereunderagrees that if the Executive does not execute this General Release or, he shall forfeit his right in the event of revocation, the Executive will not be entitled to receive any of the payments or benefits provided for hereinunder the Severance Agreement (other than the Accrued Amounts and the Other Benefits). MARVEL ENTERPRISESThe Executive must execute this General Release on or before [•], INC20[•]. /s/ XXXXXX X. XXXXXX ------------------------------------ ByThis General Release is final and binding and may not be changed or modified. Date: Xxxxxx X. Xxxxxx, Chairman of the Board /s/ XXXX XXXXXXXXXX ------------------------------------ Lxxxx Xxxx Xxxxxxxxxx Exhibit A Marvel Enterprises, Inc. Appoints Xxxxx Xxxxx as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of Xxxxx Xxxxx as President and Chief Executive Officer of the Company. Xx. Xxxxx replaces Xxxx Xxxxxxxxxx, who resigned from the Company to head a media investment concern. In making the announcement, Xxxxxx Xxxxxx, the Company's Chairman of the Board, commented, "Peter's twenty-five years of management and administrative experience in a broad range of consumer businesses with strong brand identities makes him uniquely suited to build on the Company's existing creative talent and to ensure continued growth. I look forward to his leadership."Xxxxxxxxx
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