Common use of No Pending Complaints Clause in Contracts

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of Xx. Xxxxx, then Xx. Xxxxx will request such agency or court to withdraw from the matter and Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall apply to such claim. This Agreement will not affect Xx. Xxxxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission regarding matters which arose after the Effective Date and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder.

Appears in 1 contract

Samples: Severance Agreement and General Release (O Charleys Inc)

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No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of Xx. Xxxxx’ behalf, then Xx. Xxxxx will request such agency or court to withdraw from the matter and matter, Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall will apply to such claim. This Agreement will not affect Xx. Xxxxx’x Xxxxx’ right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission any such agency or court regarding matters which arose that arise after the Effective Termination Date and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunderthereunder (the “Exchange Act”).

Appears in 1 contract

Samples: Transition Agreement and General Release (O Charleys Inc)

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of Xx. Xxxxx’ behalf, then Xx. Xxxxx will request such agency or court to withdraw from the matter and matter, Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall will apply to such claim. This Agreement will not affect Xx. Xxxxx’x Xxxxx’ right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission any such agency or court regarding matters which arose that arise after the Effective Date date hereof and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder.

Appears in 1 contract

Samples: Transition Agreement and General Release (O Charleys Inc)

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of Xx. Xxxxx’ behalf, then Xx. Xxxxx will request such agency or court to withdraw from the matter and matter, Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall will apply to such claim. This Agreement will not affect Xx. Xxxxx’x Xxxxx’ right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission any such agency or court regarding matters which arose that arise after the Effective Termination Date and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunderthereunder (the “Exchange Act”). 6.

Appears in 1 contract

Samples: Transition Agreement and General

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No Pending Complaints. XxMx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of XxMx. Xxxxx’ behalf, then XxMx. Xxxxx will request such agency or court to withdraw from the matter and Xxmatter, Mx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall will apply to such claim. This Agreement will not affect XxMx. Xxxxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission any such agency or court regarding matters which arose that arise after the Effective Resignation Date and which are not the subject of this Agreement. XxMx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder.

Appears in 1 contract

Samples: General Release Agreement (O Charleys Inc)

No Pending Complaints. Xx. Xxxxx Xxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s Healthways with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s Healthways on behalf of Xx. XxxxxXxx, then Xx. Xxxxx Xxx will request such agency or court to withdraw from the matter and Xx. Xxxxx Xxx will refuse any benefits derived therefrom, and the release contained in this Agreement shall apply to such claim. This Agreement will not affect Xx. Xxxxx’x Xxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission regarding matters which arose after the Effective Date and which are not the subject of this Agreement. Xx. Xxxxx Xxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s Healthways that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder.

Appears in 1 contract

Samples: Severance Agreement and General Release (Healthways, Inc)

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