No Knowledge of Claims. The Shareholder acknowledges that as of the date hereof, the Shareholder has no knowledge of any facts or circumstances that would form the basis of any claim (including claims by any third party against the Shareholder for which the Shareholder would be entitled to indemnification from the Company) by the Shareholder against the Company or any of its Subsidiaries. Notwithstanding the foregoing, the Shareholder is not waiving the Shareholder’s right to bring any such claims, including any rights and claims that Shareholder has had, now has or might now have against the Company or any of its Subsidiaries including (a) rights and claims arising from or in connection with the Merger Agreement, (b) rights and claims for indemnification to the extent Shareholder is entitled to be indemnified by the Company or any of its Subsidiaries under their respective organizational documents, (c) rights or claims under the Employment Agreement dated December 13, 2004, as amended, the Revised Deferred Compensation Agreement dated December 14, 2004, as amended, (d) any and all other rights and claims for payment of accrued and unpaid wages and compensation earned by the Shareholder and/or coverage to which the Shareholder may be entitled under the Plans, and (e) any rights and claims arising from any agreement between the Shareholder and the Company or any of its Subsidiaries which may be entered into with the Parent or the Surviving Corporation at or following the Closing.
Appears in 27 contracts
Samples: Voting Agreement (KCPC Holdings, Inc.), Voting Agreement (KCPC Holdings, Inc.), Voting Agreement (KCPC Holdings, Inc.)