Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ or mailed to him and postmarked within seven days of the Executive’s execution of the Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c)).

Appears in 2 contracts

Sources: Separation Agreement (Take Two Interactive Software Inc), Separation Agreement (Take Two Interactive Software Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it Rohleder acknowledges that, by Rohleder's free and fully understands what it means; voluntary act o▇ ▇▇▇▇▇▇g below, Rohleder agree▇ ▇▇ ▇▇▇ ▇f the terms of this Agreement and intends ▇▇ ▇▇ ▇▇gally bound thereby. (b) Rohleder acknowledges that he is hereby advised in writing to discuss has received this Agreement on or be▇▇▇▇ ▇▇▇uary 29, 2002, and such Agreement was revised by mutual consent of the parties on February 20, 2002. Rohleder understands that he may consider whether to agree to the ▇▇▇▇▇ ▇▇ntained herein for a period of twenty-one (21) days after the date he has received this Agreement. The parties have mutually agreed that Rohleder may execute this Agreement by the close of business on Fe▇▇▇▇▇▇ ▇2, 2002, to acknowledge his understanding of and agreement with the foregoing. However, the Termination Payments and Other Consideration provided herein will be delayed until this Agreement is executed by Rohleder, returned to the Company and becomes effective as provide▇ ▇▇▇▇▇. Rohleder acknowledges that he has consulted with an attorney before signing it; prior ▇▇ ▇▇▇ execution of this Agreement. (See the acknowledgement at the end of this Agreement). (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this This Agreement knowingly will become effective, enforceable and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) irrevocable on the eighth day after the date on which it is executed by Rohleder (the "Effective Date"). During the seven-day period prior ▇▇ ▇▇▇ Effective Date, Rohleder may revoke his agreement to accept the terms hereof by in▇▇▇▇▇▇▇▇ in writing to the Company his intention to revoke. If Rohleder exercises his right to revoke hereunder, he executes this Agreementshall not have any right to receive any of the benefits provided for herein, this and to the extent such payments have already been made, Rohleder agrees that he will immediately reimburse the Company for ▇▇▇ ▇▇▇unts of such payment; provided that, if Rohleder exercises such right to revoke, the Employment Agreement becomes effective ▇▇▇ ▇▇▇▇ shall govern the parties rights and enforceableobligations, if any, following such revocation. The parties agree Rohleder understands and agrees that the Executive may revoke written revocation notice ▇▇▇▇▇▇▇d to in this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period paragraph must be submittedsent to: ON Semiconductor, in writingAttn: Sonny Cave, to General Counsel, Law Department, MD: A700, 5005 E. McD▇▇▇▇▇ ▇▇., Phoenix, AZ 85008 and must be received by th▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, stating “I hereby revoke my acceptance at that address before the end of the seventh day after Rohleder executes this Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ or mailed to him and postmarked within seven days of the Executive’s execution of the Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c)).

Appears in 1 contract

Sources: Termination Agreement (On Semiconductor Corp)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ by ▇▇▇▇▇▇▇▇’▇ free and voluntary act of signing below, ▇▇▇ ▇▇▇▇(i) acknowledges that he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, ▇▇▇ ▇▇▇▇(ii) acknowledges that he has been advised to consult with an attorney prior to executing this Agreement, ▇▇▇▇▇(iii) acknowledges that he understands that this Agreement specifically releases and waives all rights and claims he may have under the Age Discrimination in Employment Act, stating “I hereby revoke my acceptance as amended, prior to the date on which he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The parties hereto acknowledge and agree that each party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement.” The revocation must . Rather, the terms of this Agreement shall be personally delivered construed fairly as to ▇▇both parties hereto and not in favor of or against either party, regardless of which party generally was responsible for the preparation of this Agreement. ▇▇▇▇▇▇ or mailed understands and acknowledges that he has seven (7) days after he executes this Agreement to him and postmarked within seven days revoke the release of his claims under the Executive’s execution of ADEA. During this seven-day revocation period, ▇▇▇▇▇▇ may revoke his agreement to release claims under the AgreementADEA by indicating in writing to the Company his intention to revoke. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended ▇▇▇▇▇▇ exercises his right to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocationrevoke such release, he will not be entitled shall forfeit his right to receive any of the amounts payments or benefits under Section 2 (other than pursuant provided for herein, and to Section 2(c))the extent such payments or benefits have already been made, ▇▇▇▇▇▇ agrees that he will immediately reimburse the Company for the amounts of such payments and benefits.

Appears in 1 contract

Sources: Separation Agreement (Nephros Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (the Agreement“Effective Date”). Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, PFC at its main office to the attention of the Chairman of the Board of Directors stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s execution of the this Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Sources: Separation and Release Agreement (Pulaski Financial Corp)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven (7) days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (also, the Agreement"Effective Date"). Any revocation within of the Executive's execution of this period Agreement must be submitted, in writing, to ▇▇▇▇ ▇▇▇▇▇▇the Company at its main office to the attention of the Chairman of the Board of Directors stating, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, stating “"I hereby revoke my acceptance execution of the Agreement." The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s 's execution of the this Agreement. 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 agrees that if he does not execute this Agreement orAgreement, or in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))provided hereunder.

Appears in 1 contract

Sources: Separation and Release Agreement (First Financial Holdings Inc /De/)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to ▇▇▇▇ J▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ by J▇▇▇▇▇▇▇▇’▇ free and voluntary act of signing below, ▇▇▇ ▇▇▇▇(i) acknowledges that he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, ▇▇▇ ▇▇▇▇(ii) acknowledges that he has been advised to consult with an attorney prior to executing this Agreement, ▇▇▇▇▇(iii) acknowledges that he understands that this Agreement specifically releases and waives all rights and claims he may have under the Age Discrimination in Employment Act, stating “I hereby revoke my acceptance as amended prior to the date on which he signs this Agreement, and (iv) agrees to all of the Agreement.” The revocation must terms of this Agreement and intends to be personally delivered to ▇▇legally bound thereby. Furthermore, J▇▇▇▇▇▇ or mailed acknowledges that the payments and benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement shall become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by J▇▇▇▇▇▇ (the “Effective Date”). During the seven-day period prior to him and postmarked within seven days of the Executive’s execution of Effective Date, J▇▇▇▇▇▇ may revoke his agreement to accept the Agreementterms hereof by indicating in writing to Noble his intention to revoke. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended J▇▇▇▇▇▇ exercises his right to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocationrevoke hereunder, he will not be entitled shall forfeit his right to receive any of the amounts payments or benefits under Section 2 (other than pursuant provided for herein, and to Section 2(c))the extent such payments or benefits have already been made, J▇▇▇▇▇▇ agrees that he will immediately reimburse Noble for the amounts of such payments and benefits.

Appears in 1 contract

Sources: Separation Agreement (Noble Corp)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: that (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney Attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven (7) days after he signs it by sending written notice Notice of revocation Revocation as set forth below; and (f) on the eighth day after he executes signs this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven (7) days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to R▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq., Executive Vice President and & General Counsel, Take-Two Interactive SoftwareCounsel at Town Sports International, Inc., 8▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, stating “I hereby revoke my acceptance of the our Agreement.” The revocation must be personally delivered to M▇. ▇▇▇▇▇▇ or mailed to him and postmarked within seven (7) days of the Executive’s execution of the Agreement. If the last day of the revocation period is a Saturday, Sunday Sunday, or legal holiday, then the revocation period will shall be extended to the following day which is not a Saturday, Sunday Sunday, or legal holiday. The Executive agrees that if he does not execute this the Agreement or, in the event of revocation, he will not be entitled immediately return to receive the Company any of the amounts additional payments or benefits under Section 2 (other than provided to him by the Company pursuant to Section 2(c))this Agreement.

Appears in 1 contract

Sources: Separation Agreement (Town Sports International Holdings Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to MRV Communications, Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq.Chatsworth, Executive Vice President and California 91311, to the attention of the General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, stating “I hereby revoke my acceptance execution of the Separation and Release Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Sources: Separation and Release Agreement (MRV Communications Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ by ▇▇▇▇, ▇▇▇ ▇▇▇▇’▇ free and voluntary act of signing below, (i) acknowledges that he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that he has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that he understands that this Agreement specifically releases and waives all rights and claims he may have under the Age Discrimination in Employment Act, as amended prior to the date on which he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, ▇▇▇▇▇, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to ▇▇▇ acknowledges that the payments and benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement shall become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by ▇▇▇▇▇▇▇▇ or mailed (the “Effective Date”). During the seven-day period prior to him and postmarked within seven days of the Executive’s execution of Effective Date, ▇▇▇▇▇▇▇▇ may revoke his agreement to accept the Agreementterms hereof by indicating in writing to Noble his intention to revoke. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended ▇▇▇▇▇▇▇▇ exercises his right to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocationrevoke hereunder, he will not be entitled shall forfeit his right to receive any of the amounts payments or benefits under Section 2 (other than pursuant provided for herein, and to Section 2(c))the extent such payments or benefits have already been made, ▇▇▇▇▇▇▇▇ agrees that he will immediately reimburse Noble for the amounts of such payments and benefits.

Appears in 1 contract

Sources: Separation Agreement (Noble Corp)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to HRB Management, Inc., One H&R B▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Sources: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By The Executive acknowledges that by the Executive's free and voluntary act of signing this Agreementbelow, the Executive expressly 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 July 20, 1999, to acknowledge his understanding of and agreement with the foregoing. The Executive acknowledges and agrees that: (a) that he has carefully read it and fully understands what it means; (b) he is hereby been advised in writing to discuss this Agreement consult with an attorney before signing it; (c) he has been given at least 21 calendar days prior to consider executing this Agreement; . This Agreement will become effective, enforceable and irrevocable at 5 p.m. (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (feastern time) on the eighth seventh day after he executes this Agreementthe date on which it is executed by the Executive (the "Effective Time"). During the seven-day period prior to the Effective Time, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after his agreement to accept the terms hereof by notifying the Company of his intention to revoke. If the Executive executes exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Agreementbenefits provided for herein. Any revocation within this period must be submittedBANKERS TRUST CORPORATION /S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ By: ▇▇▇▇▇ ▇. ▇▇▇▇▇, in writing, to Secretary-Bankers Trust Corporation /S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Acknowledgment STATE OF NEW YORK ) ss: COUNTY OF NEW YORK ) On the 29th day of June, Esq.1999, Executive Vice President before me personally came ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ who, being by me duly sworn, did depose and General Counsel, Take-Two Interactive Software, Inc., 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 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/ ▇▇▇▇▇, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇▇or mailed to him Notary Public Date: June 29, 1999 ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇ ▇▇▇▇▇▇, Co-Chairman of Global Corporates and postmarked within seven days Institutions (GCI) Division of the Executive’s execution Deutsche Bank Group and Chairman of the AgreementBoard of Directors and Chief Executive Officer of Bankers Trust Corp. will be leaving the Deutsche Bank Group after the recent successful acquisition of Bankers Trust by Deutsche Bank. If His resignation will be on amicable terms and will take effect on June 30,1999. With the last day closing having occurred and the smooth integration process well on its way, ▇▇▇▇▇ ▇▇▇▇▇▇ has attained his goals of achieving maximum value for the Bankers Trust shareholders and delivering the Bankers Trust franchise into a secure future. He is now planning to devote his future time on new projects. Dr. ▇▇▇▇-▇. ▇▇▇▇▇▇, Spokesman of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended Board of Managing Directors of Deutsche Bank thanked ▇▇▇▇▇ ▇▇▇▇▇▇ for his constructive cooperation and his essential contribution to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in closing and to the event smooth integration of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c))Bankers Trust's businesses and employees.

Appears in 1 contract

Sources: Separation Agreement (Bankers Trust Corp)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to HRB Management, Inc., O▇▇ ▇&▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Sources: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By The Executive acknowledges that, by the Executive's free and voluntary act of signing this Agreementbelow, the Executive expressly 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 and agrees that: (a) that he has carefully read it and fully understands what it means; (b) he is hereby been advised in writing to discuss this Agreement consult with an attorney before signing it; (c) he has been given at least 21 calendar days prior to consider executing this Agreement; . This Agreement will become effective, enforceable and irrevocable at 5 p.m. (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (feastern time) on the eighth seventh day after he executes this Agreementthe date on which it is executed by the Executive (the "Effective Time"). During the seven-day period prior to the Effective Time, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after his agreement to accept the terms hereof by notifying the Company of his intention to revoke. If the Executive executes exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Agreementbenefits provided for herein. Any revocation within this period must be submittedMARVEL ENTERPRISES, in writingINC. /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------ By: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chairman of the Board /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ------------------------------------ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Exhibit A Marvel Enterprises, Inc. Appoints ▇▇▇▇▇ ▇▇▇▇▇ as President and Chief Executive Officer New York, New York - July 20, 1999. Marvel Enterprises, Inc. (NYSE: MVL) announced today the appointment of ▇▇▇▇▇ ▇▇▇▇▇ as President and Chief Executive Officer of the Company. ▇▇. ▇▇▇▇▇ replaces ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, who resigned from the Company to head a media investment concern. In making the announcement, ▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, stating “I hereby revoke my acceptance the Company's Chairman of the AgreementBoard, 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.” The revocation must be personally delivered to ▇▇. ▇▇▇▇▇▇ or mailed to him and postmarked within seven days of the Executive’s execution of the Agreement. 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 agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c))."

Appears in 1 contract

Sources: Separation Agreement (Marvel Enterprises Inc)