Common use of AGREEMENT AND ACKNOWLEDGEMENT Clause in Contracts

AGREEMENT AND ACKNOWLEDGEMENT. The Company shall cause the Surviving Corporation to pay all of the RS Merger Consideration that would otherwise have been payable to you pursuant to the Merger Agreement (your “Deferred Amount”) to the Nominee, of which you are a limited partner. You hereby appoint the Nominee as your designee to receive your Deferred Amount under the Merger Agreement and agree and acknowledge that you will not receive your Deferred Amount from the Company or the Surviving Corporation.

Appears in 2 contracts

Sources: Deferred Payment Agreement, Deferred Payment Agreement (Giant Interactive Group Inc.)