Further Acknowledgment. In particular, and without limiting clause 10.1, the parties acknowledge and agree that in the performance of this Agreement, they and their personnel:
(a) may have access to third party confidential information (and Intellectual Property) provided to the other party as part of its business; and
(b) shall treat that third party confidential information and Intellectual Property as if it was Confidential Information.
Further Acknowledgment. Executive acknowledges and agrees that neither the issuance of securities or the Options to him by the Company nor any provision contained herein, therein or in any other agreement or document shall entitle Executive to remain in the employment of Publishing or any of its Affiliates.
Further Acknowledgment. The Client further acknowledges and agrees that:
(a) in certain circumstances, the action taken by any Custodian or any Sub-Custodian, or a third party may prevent or cause a delay in the processing of certain information; and
(b) neither the Custodian nor any Sub-Custodian warrants that any information on the systems of the Custodian or any Sub-Custodian relating to any payment message or other information or communications which are the subject of any action taken pursuant to this clause 8 is accurate, current or up-to-date at the time it is accessed, while such action is being taken.
Further Acknowledgment. You acknowledge that you have read this Agreement carefully, and fully understand its terms. You have been advised to seek counsel and have had an opportunity to do so and you are executing this Agreement knowingly and voluntarily. You fully understand that by signing this Agreement, you waive all claims of any kind whatsoever against Clearwater Paper, whether known or unknown, asserted or unasserted, suspected or unsuspected, including all claims for attorneys’ fees, and expenses based upon any actions taken by Clearwater Paper up to the date of the signing of this Agreement.
Further Acknowledgment. Executive acknowledges and agrees that no provision contained herein or in any other agreement or document or any issuance of options or other benefits to Executive (either prior to the date hereof or after the date hereof) shall entitle Executive to remain in the employment of Publishing or any of its Affiliates.
Further Acknowledgment a. Borrower acknowledges and agrees that but for Lender entering into this Agreement with Borrower, Lender would have diligently pursued all of its rights and remedies under the Loan Documents, at law and in equity, against Borrower.
b. Except to enforce the terms of this Agreement, Borrower shall not take any action and shall not fail to take any action which such action or omission will or might tend to interfere with, delay, enjoin or otherwise prohibit the commencement, continuation or completion of efforts by Lender to enforce its remedies under the Loan Documents or applicable law, including without limitation the remedies of judicial or non-judicial foreclosure of real or personal property collateral.
Further Acknowledgment. Notwithstanding anything contained herein to the contrary, the intent of the allocation of Merger Consideration to the holders of $25 Million First Tranche SAFEs and the $30 Million First Tranche SAFEs as set forth above in Section 2.8(a) makes certain assumptions as to the timing of when certain Merger Consideration would be owed to Company Securityholders and when it would become economically more favorable to holders of $25 Million First Tranche SAFEs and/or $30 Million First Tranche SAFEs, as applicable, to be treated on an “as-converted basis” with respect to such Merger Consideration (as opposed to its treatment of receiving its applicable Purchase Amount, as defined therein, with respect to such Merger Consideration) and if such timing assumptions are not correct based on certain Merger Consideration becoming owed to the Company Securityholders prior to other Merger Consideration which would result in a different Merger Consideration allocation than as set forth above in Section 2.8(a) to reflect the intent as set forth in this clause (c), then Section 2.8(a) (and any sections related thereto in this Agreement) shall be automatically deemed amended to reflect the intent set forth in this clause (c) to provide for the receipt of such applicable Merger Consideration that is earliest in time that becomes owed to the Company Securityholders under this Agreement which would provide for such economic treatment to the holders of $25 Million First Tranche SAFEs and/or the $30 Million First Tranche SAFEs, as applicable, as reflected in the intent as set forth in this clause (c).
Further Acknowledgment. The Company confirms that:
(a) it is not a resident of British Columbia;
(b) it is purchasing the CSI Shares as principal (within the meaning of Applicable Canadian Securities Laws); and
(c) the Company will comply with the securities laws requirements of its local jurisdiction with respect to its purchase of the CSI Shares.
Further Acknowledgment. The RENTER fully understands that failure to return the COMPANY's rental property or equipment upon expiration of the rental period, and failure to pay all amounts due (including costs for damages to the property or equipment) are evidence of abandonment or refusal to redeliver the property.
Further Acknowledgment. The Executive acknowledges that the restrictive covenants (including, without limitation, confidentiality and non-competition) in any other agreement with the Company previously signed by the Executive shall not be affected by this Agreement and that the restrictive covenants therein shall continue to apply after a Change in Control or a termination of employment after a Change in Control in accordance with the terms of such restrictive covenants.
