Executive’s Representations & Warranties Sample Clauses
Executive’s Representations & Warranties. Executive represents and warrants to the Employer and Holdings as follows:
(a) Executive is not now, and will not become during the Term of Employment, a party to or otherwise subject to any other agreement or restriction that could interfere with his employment with the Employer or his or the Employer’s rights and obligations hereunder. Executive’s acceptance of employment with the Employer and the performance of his duties hereunder will not breach the provisions of any contract, agreement, or understanding to which he is party or any duty owed by him to any other third party, including, without limitation, any non-competition agreement, non-solicitation agreement, or confidentiality agreement.
(b) Executive: (i) is not subject to an order of the United States Securities and Exchange Commission (the “SEC”) issued under Section 203(f) of the Investment Advisers Act of 1940 (the “Act”); (ii) has not been found by the SEC to have engaged in, and has not been convicted of engaging in, any of the conduct specified in Section 203(e)(1), (5) or (6) of the Act; and (iii) is not subject to an order, judgment or decree described in Section 203(e)(4) of the Act. Executive has not been convicted within the last 10 years of any felony or misdemeanor.
Executive’s Representations & Warranties. The Executive represents and warrants to the Employer as follows:
(a) The Executive is not now, and will not become during the Term of Employment, a party to or otherwise subject to any other agreement or restriction that could interfere with Executive’s employment with the Employer or Executive’s or the Employer’s rights and obligations hereunder. Executive’s acceptance of employment with the Employer and the performance of Executive’s duties hereunder will not breach the provisions of any contract, agreement, or understanding to which he is party or any duty owed by him to any other third party, including, without limitation, any non-competition agreement, non-solicitation agreement, or confidentiality agreement.
(b) During the ten-year period prior to the date of this Agreement:
(i) no petition under the Federal bankruptcy laws or any state insolvency law was filed by or against, or a receiver, fiscal agent or similar officer was appointed by a court for the business or property of, Executive, or any partnership in which the Executive was a general partner at or within two years before the time of such filing or appointment, or any corporation or business association of which the Executive was an executive officer at or within two years before the time of such filing or appointment;
(ii) the Executive was not convicted in a criminal proceeding and is not named subject of a pending criminal proceeding (excluding traffic violations and other minor offenses);
(iii) the Executive was not been the subject of any order, judgment, or decree, not subsequently reversed, suspended or vacated, of any court of competent jurisdiction, permanently or temporarily enjoining the Executive from, or otherwise limiting, the following activities:
1) acting as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, floor broker, leverage transaction merchant, any other person regulated by the U.S. Commodity Futures Trading Commission (the “CFTC”), or an associated person of any of the foregoing, or as an investment adviser, underwriter, broker or dealer in securities, or as an affiliated person, director or employee of any investment company, bank, savings and loan association or insurance company, or engaging in or continuing any conduct or practice in connection with such activity;
2) engaging in any type of business practice; or
3) engaging in any activity in connection with the purchase or sale of any security or commodity o...