DISCLOSURE OF ASSETS. Each Spouse warrants to the other that they do not have any knowledge of any assets and property other than those disclosed in accordance with Section XIII. If the Couple has waived their rights to financial disclosures, then this Section shall not apply to this Agreement. If either Spouse has any knowledge of any asset or property other than those disclosed in accordance with Section XIII, that Spouse that did not disclose said assets and property shall transfer or pay to the other Spouse, at the sole decision, one of the following:
a.) If the asset or property is reasonably susceptible to division, a portion of the asset equal to the Spouse’s interest in it;
b.) The fair market value of the Spouse’s interest in the asset on the effective date of this Agreement, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the effective date to the date of payment; or
c.) The fair market value of the Spouse’s interest in the asset on the date on which the other Spouse discovers the existence of the asset, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the discovery date to the date of payment. This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from non-disclosure of assets.
DISCLOSURE OF ASSETS. Each Spouse warrants to the other that they do not have any knowledge of any assets other than those disclosed in accordance with Section VII. If the Spouses have waived their rights to financial disclosures, then this Section shall not apply to this Agreement. If either Spouse has any knowledge of any asset other than those disclosed in accordance with Section VII, that warrantor shall transfer or pay to the warrantee, at the warrantee’s election, one of the following:
a.) If the asset is reasonably susceptible to division, a portion of the asset equal to the warrantee’s interest in it;
b.) The fair market value of the warrantee’s interest in the asset on the effective date of this Agreement, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the effective date to the date of payment; or
c.) The fair market value of the warrantee’s interest in the asset on the date on which the warrantee discovers the existence of the asset, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the discovery date to the date of payment. This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from nondisclosure of assets.
DISCLOSURE OF ASSETS. Each Party confirms that he or she has received sufficient financial disclosure of the other Party's assets from the other Party and such other Party's attorneys, that the other Party offered to respond fully and directly to all questions such Party and such Party's attorneys might have concerning such financial information, that such Party regards such information and the information set forth on Schedules A and B attached hereto, as sufficient disclosure, both in form and substance, and that, upon the advice of such Party's independent counsel, such Party is fully aware of and understands all of the rights which he or she is surrendering or releasing pursuant to this Agreement. Each Party agrees that to the extent that any assets, income or liabilities have not been disclosed for any reason to either of them, knowledge of such additional assets or liabilities would not be relevant in their determination to enter into this Agreement and to be married, and shall be no bar to the enforcement of this Agreement or any provision hereof because of their knowledge of the assets and liabilities that have been disclosed are sufficient basis for this Agreement.
DISCLOSURE OF ASSETS. Each Spouse warrants to the other that they do not have any knowledge of any assets other than those disclosed in accordance with Section VII. If the Spouses have waived their rights to financial disclosures, then this Section shall not apply to this Agreement. If either Spouse has any knowledge of any asset other than those disclosed in accordance with Section VII, that warrantor shall
a.) If the asset is reasonably susceptible to division, a portion of the asset equal to the warrantee’s interest in it;
b.) The fair market value of the warrantee’s interest in the asset on the effective date of this Agreement, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the effective date to the date of payment; or
c.) The fair market value of the warrantee’s interest in the asset on the date on which the warrantee discovers the existence of the asset, plus interest at the maximum rate under State law or ten percent (10%) per annum, whichever is greater, from the discovery date to the date of payment. This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from nondisclosure of assets.
DISCLOSURE OF ASSETS. Each Spouse warrants to the other that they do not have any knowledge of any assets and property other than those disclosed in accordance with Section XIII. If the Couple has waived their rights to financial disclosures, then this Section shall not apply to this Agreement. If
a.) If the asset or property is reasonably susceptible to division, a portion of the asset equal to the Spouse’s interest in it;
b.) The fair market value of the Spouse’s interest in the asset on the effective date of this Agreement, plus interest at the maximum rate under state law or ten percent (10%) per annum, whichever is greater, from the effective date to the date of payment; or
c.) The fair market value of the Spouse’s interest in the asset on the date on which the other Spouse discovers the existence of the asset, plus interest at the maximum rate under state law or ten percent (10%) per annum, whichever is greater, from the discovery date to the date of payment. This provision shall not be deemed to impair the availability, in a court of competent jurisdiction, of any other remedy arising from non-disclosure of assets.
DISCLOSURE OF ASSETS. The Defendant agrees to make a full accounting of all assets and other real and personal property in which Defendant has any legal or equitable interest. The Defendant further agrees that Defendant will not sell, hide, waste, encumber, destroy, or otherwise devalue any such asset worth more than $1000 before sentencing, without the prior approval of the Government. The Defendant understands and agrees that Defendant’s failure to comply with this provision of the Plea Agreement should result in Defendant receiving no credit for acceptance of responsibility. The Defendant agrees to cooperate fully in the investigation of the amount of restitution and in the identification of assets to be applied toward restitution. The Defendant's cooperation obligations include: (A) fully and truthfully completing the Department of Justice's Financial Statement of Debtor form, and any addenda to said form deemed necessary by the Government, within ten days of the change of plea hearing; (B) submitting to a financial deposition or interview (should the Government deem it necessary) prior to sentencing regarding the subject matter of said form; (C) providing any documentation within her possession or control requested by the Government regarding her financial condition and that of her household; and (D) fully and truthfully answering all questions regarding her past and present financial condition and that of her household in such interview(s). So long as the Defendant is completely truthful, the Government agrees that anything related by the Defendant during her financial interview or deposition or in the financial forms described above cannot and will not be used against her in the Government's criminal prosecution. However, the Government may use the Defendant's statements to identify and to execute upon assets to be applied to restitution in this case. Further, the Government is completely free to pursue any and all investigative leads derived in any way from the interview/deposition/financial forms, which could result in the acquisition of evidence admissible against the Defendant in subsequent proceedings. If the Defendant subsequently takes a position in any legal proceeding that is inconsistent with the interview/deposition/financial forms–whether in pleadings, oral argument, witness testimony, documentary evidence, questioning of witnesses, or any other manner–the Government may use the Defendant’s interview/deposition/financial forms, and all evidence obtained direc...
DISCLOSURE OF ASSETS. The defendant will fully and completely disclose to the United States Attorney’s Office the existence and location of any assets in which the defendant has any right, title, or interest, or over which the defendant exercises control, directly or indirectly, including those assets held by a spouse, nominee or other third party, or any business owned or controlled by the defendant. The defendant agrees to assist the United States in identifying, locating, returning, and transferring assets for use in payment of restitution, fines, and forfeiture ordered by the Court. The defendant agrees to complete a financial statement within two weeks of the entry of her guilty plea. The defendant further agrees to execute any releases that may be necessary for the United States to obtain information concerning the defendant’s assets and expressly authorizes the United States to obtain a credit report on the defendant to evaluate the defendant’s ability to satisfy financial obligations imposed by the Court. If requested by the United States, the defendant agrees to submit to one or more asset interviews or depositions under oath.
DISCLOSURE OF ASSETS. Xxxx has disclosed to Xxxxxx that he has investment cash assets worth in excess of $500,000. Xxxx owes no consumer or other debt. Xxxxxx has disclosed to Xxxx that she has minimal assets, and owes money on a student loan. Neither party requires any further disclosure of assets and liabilities from the other and each is entirely comfortable with the information set forth herein. This Agreement shall be fully enforceable between the parties despite their decision to not list assets and debts according to Exhibits that would otherwise be attached hereto.
