Common use of No Additional Facts Clause in Contracts

No Additional Facts. Shareholder agree that because the Release specifically covers known and unknown claims, Shareholder waives any and all rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction. Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Shareholder hereby expressly waives any rights Shareholder may have under Section 1542 of the California Civil Code or any other applicable law to preserve Releasing Party Claims which Shareholder does not know or suspect to exist in Shareholder’s favor at the time of executing the release provided in Section 3.1. Shareholder understands and acknowledges that Shareholder may discover facts different from, or in addition to, those which Shareholder knows or believes to be true with respect to the claims released herein, and agrees that the release provided in Section 3.1 shall be and remain effective in all respects notwithstanding any subsequent discovery of different or additional facts. If Shareholder discovers that any fact relied upon in entering into the release provided in Section 3.1 was untrue, or that any fact was concealed, or that an understanding of the facts or law was incorrect, Shareholder shall not be entitled to any relief as a result thereof, and Shareholder surrenders any rights Shareholder might have to rescind the release provided in Section 3.1 on any ground. Such release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever.

Appears in 1 contract

Samples: Voting and Support Agreement (CVB Financial Corp)

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No Additional Facts. Shareholder Employee agree that because the Release specifically covers known and unknown claims, Shareholder Employee waives any and all rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction. Section 1542 states: “A general release does not extend to claims which that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party.” Shareholder Employee hereby expressly waives any rights Shareholder Employee may have under Section 1542 of the California Civil Code or any other applicable law to preserve Releasing Party Claims which Shareholder Employee does not know or suspect to exist in ShareholderEmployee’s favor at the time of executing the release provided in Section 3.1. Shareholder Employee understands and acknowledges that Shareholder Employee may discover facts different from, or in addition to, those which Shareholder Employee knows or believes to be true with respect to the claims released herein, and agrees that the release provided in Section 3.1 shall be and remain effective in all respects notwithstanding any subsequent discovery of different or additional facts. If Shareholder Employee discovers that any fact relied upon in entering into the release provided in Section 3.1 was untrue, or that any fact was concealed, or that an understanding of the facts or law was incorrect, Shareholder Employee shall not be entitled to any relief as a result thereof, and Shareholder Employee surrenders any rights Shareholder Employee might have to rescind the release provided in Section 3.1 on any ground. Such release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Merger (CVB Financial Corp)

No Additional Facts. Shareholder agree that because the Release specifically covers known and unknown claims, Shareholder waives any and all rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction. Section 1542 states: states “A general release does not extend to claims which that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him or her must her, would have materially affected his or her settlement with the debtordebtor or released party.” Shareholder hereby expressly waives any rights Shareholder may have under Section 1542 of the California Civil Code or any other applicable law to preserve Releasing Party Claims which Shareholder does not know or suspect to exist in Shareholder’s favor at the time of executing the release provided in Section 3.1. Shareholder understands and acknowledges that Shareholder may discover facts different from, or in addition to, those which Shareholder knows or believes to be true with respect to the claims released herein, and agrees that the release provided in Section 3.1 shall be and remain effective in all respects notwithstanding any subsequent discovery of different or additional facts. If Shareholder discovers that any fact relied upon in entering into the release provided in Section 3.1 was untrue, or that any fact was concealed, or that an understanding of the facts or law was incorrect, Shareholder shall not be entitled to any relief as a result thereof, and Shareholder surrenders any rights Shareholder might have to rescind the release provided in Section 3.1 on any ground. Such release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Merger (CVB Financial Corp)

No Additional Facts. Shareholder Employee agree that because the Release specifically covers known and unknown claims, Shareholder Employee waives any and all rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction. Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Shareholder Employee hereby expressly waives any rights Shareholder Employee may have under Section 1542 of the California Civil Code or any other applicable law to preserve Releasing Party Claims which Shareholder Employee does not know or suspect to exist in ShareholderEmployee’s favor at the time of executing the release provided in Section 3.1. Shareholder Employee understands and acknowledges that Shareholder Employee may discover facts different from, or in addition to, those which Shareholder Employee knows or believes to be true with respect to the claims released herein, and agrees that the release provided in Section 3.1 shall be and remain effective in all respects notwithstanding any subsequent discovery of different or additional facts. If Shareholder Employee discovers that any fact relied upon in entering into the release provided in Section 3.1 was untrue, or that any fact was concealed, or that an understanding of the facts or law was incorrect, Shareholder Employee shall not be entitled to any relief as a result thereof, and Shareholder Employee surrenders any rights Shareholder Employee might have to rescind the release provided in Section 3.1 on any ground. Such release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever.

Appears in 1 contract

Samples: Voting and Support Agreement (CVB Financial Corp)

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No Additional Facts. Shareholder Executive agree that because the Release specifically covers known and unknown claims, Shareholder Executive waives any and all rights under Section 1542 of the California Civil Code, or under any comparable law of any other jurisdiction. Section 1542 states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Shareholder Executive hereby expressly waives any rights Shareholder Executive may have under Section 1542 of the California Civil Code or any other applicable law to preserve Releasing Party Claims which Shareholder Executive does not know or suspect to exist in ShareholderExecutive’s favor at the time of executing the release provided in Section 3.1. Shareholder Executive understands and acknowledges that Shareholder Executive may discover facts different from, or in addition to, those which Shareholder Executive knows or believes to be true with respect to the claims released herein, and agrees that the release provided in Section 3.1 shall be and remain effective in all respects notwithstanding any subsequent discovery of different or additional facts. If Shareholder Executive discovers that any fact relied upon in entering into the release provided in Section 3.1 was untrue, or that any fact was concealed, or that an understanding of the facts or law was incorrect, Shareholder Executive shall not be entitled to any relief as a result thereof, and Shareholder Executive surrenders any rights Shareholder Executive might have to rescind the release provided in Section 3.1 on any ground. Such release is intended to be and is final and binding regardless of any claim of misrepresentation, promise made with the intention of performing, concealment of fact, mistake of law, or any other circumstances whatsoever.

Appears in 1 contract

Samples: Voting and Support Agreement (CVB Financial Corp)

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