Common use of Representations by Executive Clause in Contracts

Representations by Executive. Executive warrants that Executive is legally competent to execute this Release and that Executive has not relied on any statements or explanations made by Employer or its attorneys. Moreover, Executive acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Release, including the release of all claims and waiver of rights set forth in Section 3 of this Release. Executive acknowledges that Executive has been offered _________________________ days to consider this Release. After being so advised, and without coercion of any kind, Executive freely, knowingly and voluntarily enters into this Release. Executive further acknowledges that Executive may revoke this Release within seven (7) days after Executive has signed this Release and further understands that this Release shall not become effective or enforceable until seven (7) days after Executive has signed this Release, as evidenced by the date set forth below Executive's signature on this Release. Any revocation of this Release by Executive must be in writing and addressed to the principal headquarters of Employer, attention: _________________________. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. In addition, Executive represents that Executive has returned all property of Employer that is in Executive's possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer or Employer's business affairs, operations or customers, and all copies of the foregoing.

Appears in 5 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Change of Control Agreement (MidWestOne Financial Group, Inc.)

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Representations by Executive. Executive warrants that Executive is legally competent to execute this Release and that Executive has not relied on any statements or explanations made by Employer or its attorneys. Moreover, Executive acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Release, including the release of all claims and waiver of rights set forth in Section 3 of this Release. Executive acknowledges that Executive has been offered _________________________ [twenty-one (21)] days to consider this Release. After being so advised, and without coercion of any kind, Executive freely, knowingly and voluntarily enters into this Release. [Executive further acknowledges that Executive may revoke this Release within seven (7) days after Executive has signed this Release and further understands that this Release shall not become effective or enforceable until seven (7) days after Executive has signed this Release, as evidenced by the date set forth below Executive's ’s signature on this Release. Any revocation of this Release by Executive must be in writing and addressed to the principal headquarters of EmployerFirst Busey, attention: _________________________President and Chief Executive Officer. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. .] In addition, Executive represents that Executive has returned all property of Employer that is in Executive's ’s possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer or Employer's ’s business affairs, operations or customers, and all copies of the foregoing.

Appears in 5 contracts

Samples: Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/), Employment Agreement (First Busey Corp /Nv/)

Representations by Executive. Executive warrants that Executive is legally competent to execute this Release and that Executive has not relied on any statements or explanations made by Employer or its attorneys. Moreover, Executive acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Release, including the release of all claims and waiver of rights set forth in Section 3 of this Release. Executive acknowledges that Executive has been offered _________________________ days to consider this Release. After being so advised, and without coercion of any kind, Executive freely, knowingly and voluntarily enters into this Release. Executive further acknowledges that Executive may revoke this Release within seven (7) days after Executive has signed this Release and further understands that this Release shall not become effective or enforceable until seven (7) days after Executive has signed this Release, as evidenced by the date set forth below Executive's ’s signature on this Release. Any revocation of this Release by Executive must be in writing and addressed to the principal headquarters of Employer, attention: _________________________. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. In addition, Executive represents that Executive has returned all property of Employer that is in Executive's ’s possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer or Employer's ’s business affairs, operations or customers, and all copies of the foregoing.

Appears in 5 contracts

Samples: Change of Control Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

Representations by Executive. Executive warrants that Executive is legally competent to execute this Release Agreement and that Executive has not relied on any statements or explanations made by Employer the First Busey or its attorneysattorney. Moreover, Executive hereby acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this ReleaseAgreement, including the release of all claims and waiver of rights set forth in Section 3 of this Release3. Executive acknowledges that Executive has been offered at least [twenty-one (21)] days to consider this Agreement. After being so advised, and without coercion of any kind, Executive freely, knowingly, and voluntarily enters into this Agreement. [Executive further acknowledges that Executive may revoke this Agreement within seven (7) days after Executive has signed this Agreement and further understands that this Agreement shall not become effective or enforceable until seven (7) days after Executive has signed this Agreement as evidenced by the date set forth below Executive’s signature (the “Effective Date”). Any revocation must be in writing and directed to the First Busey, _________________________ days to consider this Release. After being so advised_____, and without coercion of any kind, Executive freely, knowingly and voluntarily enters into this Release. Executive further acknowledges that Executive may revoke this Release within seven (7) days after Executive has signed this Release and further understands that this Release shall not become effective or enforceable until seven (7) days after Executive has signed this Release, as evidenced by the date set forth below Executive's signature on this Release. Any revocation of this Release by Executive must be in writing and addressed to the principal headquarters of Employer, attention: __________, Illinois ______, Attention: ___________________. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. .] In addition, Executive represents that Executive has returned all property of Employer the First Busey that is in Executive's ’s possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer the First Busey or Employer's the First Busey’s business affairs, operations or customers, and all copies of the foregoing.

Appears in 1 contract

Samples: Employment Agreement (First Busey Corp /Nv/)

Representations by Executive. Executive warrants that Executive is legally competent to execute this Release Agreement and that Executive has not relied on any statements or explanations made by Employer the First Busey or its attorneysattorney. Moreover, Executive hereby acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this ReleaseAgreement, including the release of all claims and waiver of rights set forth in Section 3 of this Release3. Executive acknowledges that Executive has been offered _________________________ at least [twenty-one (21)] days to consider this ReleaseAgreement. After being so advised, and without coercion of any kind, Executive freely, knowingly knowingly, and voluntarily enters into this ReleaseAgreement. [Executive further acknowledges that Executive may revoke this Release Agreement within seven (7) days after Executive has signed this Release Agreement and further understands that this Release Agreement shall not become effective or enforceable until seven (7) days after Executive has signed this Release, Agreement as evidenced by the date set forth below Executive's ’s signature on this Release(the “Effective Date”). Any revocation of this Release by Executive must be in writing and addressed directed to the principal headquarters of EmployerFirst Busey, attention, , Illinois , Attention: _________________________. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. .] In addition, Executive represents that Executive has returned all property of Employer the First Busey that is in Executive's ’s possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer the First Busey or Employer's the First Busey’s business affairs, operations or customers, and all copies of the foregoing.

Appears in 1 contract

Samples: Employment Agreement (First Busey Corp /Nv/)

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Representations by Executive. Executive warrants that Executive is legally competent to execute this Release and that Executive has not relied on any statements or explanations made by Employer or its attorneys. Moreover, Executive acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Release, including the release of all claims and waiver of rights set forth in Section 3 of this Release. Executive acknowledges that Executive has been offered _________________________ days to consider this Release. After being so advised, and without coercion of any kind, Executive freely, knowingly and voluntarily enters into this Release. Executive further acknowledges that Executive may revoke this Release within seven (7) days after Executive has signed this Release and further understands that this Release shall not become effective or enforceable until seven (7) days after Executive has signed this Release, as evidenced by the date set forth below Executive's ’s signature on this Release. Any revocation of this Release by Executive must be in writing and addressed to the principal headquarters of Employer, attention: _________________________. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. In addition, Executive represents that Executive has returned all property of Employer that is in Executive's ’s possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer or Employer's ’s business affairs, operations or customers, and all copies of the foregoing.

Appears in 1 contract

Samples: Employment Agreement (MidWestOne Financial Group, Inc.)

Representations by Executive. Executive warrants that Executive is legally competent to execute this Release Agreement and that Executive has not relied on any statements or explanations made by Employer or its attorneysattorney. MoreoverExecutive agrees that he shall re-execute this Agreement as of the Retirement Date, and that Employer’s obligations under this Agreement shall be terminated unless Executive re-executes this Agreement as of the Retirement Date, provided that Executive’s failure to re-execute this Agreement as of the Retirement Date shall not revoke Executive’s initial execution of this Agreement or relieve Executive of any duties under this Agreement. Executive hereby acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this ReleaseAgreement, including the release of all claims and waiver of rights set forth in Section 3 of this Release5. Executive acknowledges that Executive has been offered _________________________ at least twenty-one (21) days to consider this ReleaseAgreement. After being so advised, and without coercion of any kind, Executive freely, knowingly knowingly, and voluntarily enters into this ReleaseAgreement. Executive further acknowledges that Executive may revoke this Release Agreement within seven (7) days after Executive has signed this Release Agreement and further understands that this Release Agreement shall not become effective or enforceable until (i) seven (7) days after Executive has signed this Release, Agreement as evidenced by the date set forth below Executive's ’s signature on and (ii) this ReleaseAgreement has been duly executed by the required parties (the “Release Date”). Any revocation of this Release by Executive must be in writing and addressed directed to the principal headquarters of Employer, attentionAttention: _________________________General Counsel. If sent by mail, any revocation must be postmarked within the seven (7)-day period and sent by certified mail, return receipt requested. In addition, Executive represents that Executive has returned all property of Employer that is in Executive's possession, custody or control, including all documents, records and tangible property that are not publicly available and reflect, refer or relate to Employer or Employer's business affairs, operations or customers, and all copies of the foregoing.

Appears in 1 contract

Samples: Retirement Transition Agreement (Lakeland Financial Corp)

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