Several Agreements. This Agreement shall constitute the several obligations and agreements of each Grantor and may be amended, restated, supplemented or otherwise modified from time to time, with respect to any Grantor without the consent or approval of any other Grantor, and no such amendment, restatement, supplement or modification shall be deemed to amend, restate, supplement or modify the obligations of any other Grantor hereunder.
Several Agreements. In addition to this Agreement between the Company and the Employee, the Company has entered into a similar agreement with other key employees of the Company. It is expressly agreed that this Agreement and the obligations of the parties hereunder are to be construed separately from any similar agreements with the other key employees of the Company and a breach of a similar agreement by any of the other key employees of the Company shall not constitute a breach of this Agreement.
Several Agreements. This Guaranty shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.
Several Agreements. Notwithstanding anything to the contrary set forth herein, the agreements and obligations of the Parties set forth in this Agreement shall be the several, and not joint, agreements and obligations of the Parties.
Several Agreements. In addition to this Restrictive Agreement between Buyer and the Executive, Buyer has entered into a similar agreement with one other key employee of Seller. It is expressly agreed that this Restrictive Agreement and the obligations of the parties hereunder are to be construed separately from any similar agreement with the other key employee of Seller and a breach of a similar agreement by the other key employee of Seller shall not constitute a breach of this Restrictive Agreement.
Several Agreements. The agreements herein set forth are intended by me to be independently binding upon me. In the event that any portion of this agreement is held to be unenforceable for any reason,
Several Agreements. Notwithstanding anything to the contrary set forth herein, the agreements and obligations of the Participants set forth in this Agreement shall be the several, not the joint, agreements and obligations of the Participants.
Several Agreements. This Agreement shall constitute the several obligations and agreements of each Pledgor and may be amended, restated, supplemented or otherwise modified from time to time with respect to any Pledgor without the consent or approval of any other Pledgor, and no such amendment, restatement, supplement or modification shall be deemed to amend, restate, supplement or modify the obligations of any other Pledgor hereunder.
Several Agreements. In addition to this Agreement, Sprouts and the Company have entered into a similar agreement with other key employees of the Company. It is expressly agreed that this Agreement and the obligations of the parties hereunder are to be construed separately from any similar agreements with the other key employees of the Company and a breach of a similar agreement by any of the other key employees of the Company shall not constitute a breach of this Agreement.
Several Agreements. In addition to this Agreement between Level One ------------------ and the Employee, Level One has entered into a similar agreement with other key employees of the Company. It is expressly agreed that this Agreement and the obligations of the parties hereunder are to be construed separately from any similar agreements with the other key employees of the Company and a breach of a similar agreement by any of the other key employees of the Company shall not constitute a breach of this Agreement. [SIGNATURE PAGE FOLLOWS] EXHIBIT K --------- STOCKHOLDERS CERTIFICATE ACCLAIM COMMMUNICATIONS, INC. STOCKHOLDER CERTIFICATE The undersigned is aware that pursuant to that certain Agreement and Plan of Reorganization, dated as of June 25, 1998 (the "Merger Agreement"), entered ---------------- into by and between Level One Communications, Incorporated, a California corporation ("Parent"), Aardvark Acquisition Corp., a Delaware corporation and a ------ wholly-owned subsidiary of Parent ("Merger Sub"), and Acclaim Communications, ---------- Inc., a Delaware corporation (the "Company"), and with respect to Article 7.2, ------- Xxxxxxxx Xxxxxxx, as Stockholder Representative, and U.S. Bank Trust National Association, as Escrow Agent, Merger Sub will be merged with and into the Company with the Company being the surviving corporation (the "Merger"). ------ Pursuant to the Merger, all of the issued and outstanding shares of capital stock of the Company will be converted into the right to receive shares of unregistered Common Stock of Parent ("Parent Common Stock") and all outstanding ------------------- options and warrants to purchase shares of capital stock of the Company will be assumed by Parent, all as provided in, and subject to the terms and conditions of, the Merger Agreement. Unless otherwise indicated, capitalized terms not defined herein have the meanings set forth in the Merger Agreement. The undersigned understands that the execution of this Certificate is a condition precedent to Parent's and Merger Sub's obligation to consummate the Merger and to the receipt of the shares of Parent Common Stock by the undersigned in connection with the Merger (pursuant to the terms and conditions of the Merger Agreement). Parent will use the responses in this Certificate to qualify stockholders of the Company who will receive shares of Parent Common Stock for purposes of federal and state securities laws. Your responses to the questions set forth in this Certificate and the re...
