Regardless of whether you sign this Agreement, and as a condition of receiving the consideration set forth in Paragraph 2 above, you must return to your supervisor, retaining no copies, all Company property, including computers, wireless devices, papers, files, documents, reference guides, equipment, keys, access key tag/card, identification cards, credit cards, software, computer access codes, disks, supplies and institutional manuals, and you shall not retain any copies, duplicates, reproductions or excerpts of any of the foregoing, whether in hardcopy or electronic format and are prohibited from using or disclosing confidential and/or proprietary information which you accrued in the course of your employment with the Company.
Regardless of the adequacy of any collateral, during the continuance of any Event of Default, any deposits or other sums credited by or due from any of the Banks to the Borrower and any securities or other property of the Borrower in the possession of such Bank may be applied to or set off by such Bank against the payment of Obligations and any and all other liabilities, direct, or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, of the Borrower to such Bank. Each of the Banks agrees with each other Bank that (a) if an amount to be set off is to be applied to Indebtedness of the Borrower to such Bank, other than Indebtedness evidenced by the Revolving Credit Notes held by such Bank or constituting Reimbursement Obligations owed to such Bank, such amount shall be applied ratably to such other Indebtedness and to the Indebtedness evidenced by all such Revolving Credit Notes held by such Bank or constituting Reimbursement Obligations owed to such Bank, and (b) if such Bank shall receive from the Borrower, whether by voluntary payment, exercise of the right of setoff, counterclaim, cross action, enforcement of the claim evidenced by the Revolving Credit Notes held by, or constituting Reimbursement Obligations owed to, such Bank by proceedings against the Borrower at law or in equity or by proof thereof in bankruptcy, reorganization, liquidation, receivership or similar proceedings, or otherwise, and shall retain and apply to the payment of the Revolving Credit Note or Notes held by, or Reimbursement Obligations owed to, such Bank any amount in excess of its ratable portion of the payments received by all of the Banks with respect to the Revolving Credit Notes held by, and Reimbursement Obligations owed to, all of the Banks, such Bank will make such disposition and arrangements with the other Banks with respect to such excess, either by way of distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank receiving in respect of the Revolving Credit Notes held by it or Reimbursement Obligations owed it, its proportionate payment as contemplated by this Credit Agreement; provided that if all or any part of such excess payment is thereafter recovered from such Bank, such disposition and arrangements shall be rescinded and the amount restored to the extent of such recovery, but without interest.
Regardless of the termination of this Agreement, the Parties shall maintain the confidentiality of all information relating to other party’s trade secret, proprietary information, client information and all other information with confidentiality acknowledged during the course of execution and performance of this Agreement (“Confidential Information”). The Party receiving the Confidential Information shall not disclose any Confidential Information to any third party except with the disclosing party of the Confidential Information’s prior written consent or required by provisions of related laws, regulations or the listing location of the affiliated company of One Party to disclose to third parties; Except for the purpose of performing this Agreement, the recipient shall not use or indirectly use any Confidential Information.
Regardless of Lessor's consent, no assignment or subletting shall release Lessee of Lessee's obligations hereunder or after the primary liability of Lessee to pay the rent and other sums due Lessor hereunder including Lessee's Expense Share and Lessee's Tax Share, and to perform all other obligations to be performed by Lessee hereunder.
Regardless of the adequacy of any collateral, during the continuance of any Event of Default, any deposits or other sums credited by or due from any of the Banks to the Borrower and any securities or other property of the Borrower in the possession of such Bank may be applied to or set off by such Bank against the payment of Obligations and any and all other liabilities, direct, or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, of the Borrower to such Bank. Each of the Banks agrees with each other Bank that (a) if an amount to be set off is to be applied to Indebtedness of the Borrower to such Bank, other than Indebtedness included in the Obligations and owing to such Bank, such amount shall be applied ratably to such other Indebtedness and to the Indebtedness included in the Obligations and owing to such Bank, and (b) if such Bank shall receive from the Borrower, whether by voluntary payment, exercise of the right of setoff, counterclaim, cross action, enforcement of the claim in respect of the Obligations owing to such Bank by proceedings against the Borrower at law or in equity or by proof thereof in bankruptcy, reorganization, liquidation, receivership or similar proceedings, or otherwise, and shall retain and apply to the payment of Obligations owing to such Bank any amount in excess of its ratable portion of the payments received by all of the Banks with respect to the Obligations owing to all of the Banks, such Bank will make such disposition and arrangements with the other Banks with respect to such excess, either by way of distribution, pro tanto assignment of claims, subrogation or otherwise as shall result in each Bank receiving in respect of the Obligations owing to it its proportionate payment as contemplated by this Credit Agreement; provided that if all or any part of such excess payment is thereafter recovered from such Bank, such disposition and arrangements shall be rescinded and the amount restored to the extent of such recovery, but without interest.
Regardless of whether you sign this Agreement, you will receive payment for all base salary and all accrued but unused vacation earned by you in the normal course of business through the Retirement Date, less all required deductions for federal and state withholdings, other applicable taxes, and any lawfully authorized or required payroll deductions. We will also promptly reimburse you for all reasonable expenses incurred in connection with your recent ordinary course employment in accordance with the Company’s existing policies relating to same with all such properly documented expenses to be reimbursed no later than September 30, 2010. Subject to the provisions of this Agreement, your group medical insurance benefits, if any, will end on February 28, 2012. Regardless of signing this Agreement, you may elect to continue receiving group medical insurance under the Company’s plan, should you currently have it, pursuant to the federal “COBRA” law. All premium costs shall be paid by you on a monthly basis for as long as, and to the extent that, you remain eligible for COBRA continuation coverage. You should consult the COBRA materials to be provided by the Company for details regarding COBRA continuation benefits. All other benefits will end on the Retirement Date. Provided you sign this Agreement and return it to me within 21 days from the date of this letter and do not thereafter revoke it within the applicable seven day revocation period measured from the date you return this signed Agreement, the Company is willing to provide you with certain benefits. If you do not accept this Agreement within that time or you revoke it within the applicable revocation period, you will not be entitled to receive the benefits described below. By signing and returning this Agreement and not revoking it within the applicable revocation period, you will be entering into a binding agreement with the Company and will be agreeing to the terms and conditions set forth herein including in the paragraphs below. Accordingly, if you execute and return this Agreement within 21 days following the date of your receipt of this letter, subject to the other provisions of this Agreement, and your general release under this Agreement becomes irrevocable and enforceable after the applicable seven day revocation period, you will receive the following severance benefits:
Regardless. The North Carolina Department of Insurance reviews and regulates health insurance plans issued in the state.12 Note: Enrollment data for 2014 – 2016 are from December of each year and for 2017 from February. Data from the Centers for Medicare & Medicaid Services. Data for 2017 available at xxxxx://xxx.xxx.xxx/CCIIO/Programs-and-Initiatives/Health-Insurance- Marketplaces/Downloads/2017-12-13-2017-Effected-Enrollment- Data.pdf. Data for 2016 available at xxxxx://xxxxxxxxx.xxx.xxx/files/effectuated-enrollment-snapshot- report-06-12-17.pdf. Data for 2015 available at xxxxx://xxx.xxx.xxx/Newsroom/MediaReleaseDatabase/Fact- sheets/2016-Fact-sheets-items/2016-03- 11.html?DLPage=1&DLEntries=10&DLFilter=effect&DLSort=0&DLSortDir =descending. Data for 2014 available at xxxxx://xxx.xxx.xxx/newsroom/mediareleasedatabase/fact- sheets/2015-fact-sheets-items/Table-4-widget.html. Accessed February 18, 2018. Marketplace Subsidies When purchasing health insurance coverage through the state’s marketplace, individuals may be eligible for premium tax credits and cost-sharing reductions (CSRs).
Regardless of whether a Turnover has occurred, Tenant shall not, without Landlord's prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building or the Project as proportionately allocated to the Premises based upon Tenant's Pro Rata Share of the Common Areas; or (b) exceed Tenant's Pro Rata Share of the Building's or Project's (as applicable) capacity to provide such utilities or services, unless Tenant makes alterations to the same to permit such device and agrees to pay any increased costs in connection therewith, provided Tenant shall obtain Landlord's prior approval with respect to any such alterations (unless such alterations constitute Cosmetic Alterations), such approval not to be unreasonably withheld, conditioned or delayed.
Regardless of the status of the preferred shares and the payment of the interest thereon, the anti-dilution clause will remain in effect until ECS and Pego commence to trade publicly, so that at no time prior to the approval of ECS or Pego to trade publicly, shall the interest of Capital Commerce in Pego or of ECS fall below 30%. The parties hereto recognize and acknowledge that Mercantile Investment Trust Ltd. has acted as the intermediary, broker, and finder, in this transaction and that it shall be entitled to receive compensation related thereto, in the amount of 10% of the amount of the transaction, specifically US $600,000, payable in the form of Hartcourt Regulation 'S' stock. The exact number of Hartcourt shares payable to Mercantile shall be based upon the closing Bid price, upon the date of execution. Both parties hereby acknowledge the participation of Mercantile Investment Trust Ltd., and concur that any and all finders fees due and owing to Mercantile shall be the sole responsibility of Hartcourt. In the event that it becomes necessary to enforce all or any part of this transaction through the courts, it is agreed and understood that the prevailing party will be entitled to recover reasonable attorney fees and costs. Executed this 28th day of July, 1997 THE HARTCOURT COMPANIES CAPITAL COMMERCE, LTD. /s/Xxxx Xxxx /s/Xxxxxxx Xxxxx By: Xxxx Xxxx By: Xxxxxxx Xxxxx March 23, 1998 Xx. Xxxx X. Phan President/CEO Harcourt Investment (USA) Corporation 00000 Xxxxx Xxxxxxx Xxxxxxxxx Xxxxxxx, Xxxxxxxxxx 00000 Dear Xx. Xxxx: Harcourt Investment (USA) Corporation now owes Scripto-Tokai Corporation $686,850.56 for various transactions with our wholly owned subsidiary, Anja Engineering Corporation. As a result of meeting held over the last few months, we have agreed to a negotiated settlement of $200,000 to be paid as shown on the enclosed note. As long as all payments are made in accordance with the enclosed note the $200,000 plus interest shall represent the full and complete balance due from your company. If payments are not made as agreed, Xxxxxxxx will be responsible for all attorney's fee and collection costs in addition to the balance due. I am sure both our companies are glad to be putting this matter behind us. /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Senior Vice President Accept/s/ Xxxx X. Xxxx Date March 24, 1998 Xxxx X. Xxxx, President/CEO Harcourt Investment (USA) Corporation INSTALLMENT NOTE $200,000.00 Fontana, California, March 23, 1998 At the times and in ...
Regardless of whether you sign this Agreement, and as a condition of receiving the payments set forth in this Agreement, within fourteen (14) days after your Retirement Date, you must return to the Company, retaining no copies, all the Company property, whether in physical or electronic form, including, but not limited to, documents and data (hard copy or electronic), forms (hard copy or electronic), correspondence (hard copy or electronic), access cards, computer programs (hard copy or electronic), memos (hard copy or electronic), disks, computers, and external storage devices, retaining no documents or data except for those related to your compensation information. To the extent that you have the Company’s information on personal electronic devices upon your Retirement Date, you must search, identify, and permanently delete all such Company information. You agree and acknowledge that the injury that would be suffered by the Company as a result of breach of this provision would be irreparable and that an award of monetary damages to the Company for such breach would be an inadequate remedy. Consequently, the Company shall have the right in addition to any other rights it may have, to obtain injunctive relief from any court of competent jurisdiction to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this paragraph and the Company shall not be obligated to post bond or security in seeking such relief. Without limiting the Company’s rights under this paragraph or any other remedies of the Company, if you breach any provisions of this paragraph and the Company obtains an injunction or final judgment that you have violated this paragraph, the Company shall have the additional right to recover from you all reasonable attorneys’ fees and costs.
