Examples of September Agreement in a sentence
From and after the filing of the Form 10-K and provided that, at the applicable time of determination, no individual affiliated with the Holder serving on the Board of Directors of the Company was appointed thereto, including pursuant to Section 1(a) of the September Agreement, the Company will not provide to the Holder any information that constitutes material non-public information of or relating to the Company or its Subsidiaries without the prior written consent of the Holder.
The Equity Award referred to in paragraph 4 of the September Agreement has been effected by the execution and delivery of Stock Appreciation Rights Agreements dated on or about January 8, 1999.
Each of the undersigned agree that the September Agreement is hereby terminated; provided that each party to the September Agreement shall remain liable to the other party with respect to any breaches of the representations and warranties set forth therein and shall continue to have recourse to all rights and remedies set forth therein with respect to any such breaches, including any rights of indemnification set forth therein.
The Asset Disposal and Proceeds Sharing Terms (i.e., Exhibit B to the September Agreement) is hereby amended by replacing all references therein to the date “December 15, 2008” (or “15 December 2008”) with the date “January 15, 2009” (or “15 January 2009”, as applicable).
From and after the filing of the Form 10-K and provided that, at the applicable time of determination, no individual affiliated with the Holder serving on the Board of Directors of the Company was appointed thereto, including pursuant to Section 1(a) of the September Agreement, the Company will not provide to the Holder any material non-public information of or relating to the Company or its Subsidiaries without the prior written consent of the Holder.
In the event of any conflict or inconsistency between the terms of the September Agreement and this Agreement, this Agreement shall control.
Without limitation of the foregoing, on the date hereof the Borrower shall repay by wire transfer in immediately available funds $120,000 of unpaid and/or unreimbursed legal fees of the Holder relating to this transaction and transactions in connection with, and contemplated by, the September Agreement.
Given the combination of Geoworks unstable financial situation, protracted uncertainty over shareholder approval of the September Agreement and known aggressive staff poaching activities by third party companies interested in the telecoms skills of Geoworks staff, it is likely that the UK staff will very quickly find alternative employment and the UK business will become unsustainable.
These discussions concluded in an Agreement to Purchase Shares dated September 23, 2002 with Geoworks Corporation (the September Agreement).
In addition to the terms defined elsewhere in this Warrant, capitalized terms that are not otherwise defined herein have the meanings given to such terms in the Letter Agreement or, if not defined therein, in the September Agreement (as defined in the Letter Agreement).