Preconditions. The payment of any amounts due under this Section 10, if applicable, shall be subject to and conditioned upon prior receipt by the Corporation of a separation agreement containing a valid waiver and release by Executive, in a form provided by the Corporation, of any and all claims Executive may have against the Corporation, the Bank and their Affiliates, or their then current or former officers, directors, or employees. Further, Executive must reaffirm and abide by the restrictions contained in this Agreement which survive termination of employment.
Preconditions. Any other provision of this Agreement notwithstanding, Subsections (b) and (c) below shall not apply unless Executive:
(i) Has executed (or, with respect to Section 5(d), the executor or his estate has executed) a general release of all claims Executive (or his executor or estate) may have against the Company or persons affiliated with the Company (substantially in the form attached hereto as Exhibit A) (the “Release”);
(ii) Complies with Executive’s obligations under Section 7 of this Agreement;
(iii) Has returned all property of the Company in Executive’s possession; and
(iv) If requested by the Board, has resigned as a member of the Board and as a member of the boards of directors of all subsidiaries of the Company, to the extent applicable. Executive must execute and return the Release within the period of time set forth in the Release (the “Release Deadline”). The Release Deadline will in no event be later than 50 days after Executive’s Separation. If Executive fails to return the Release on or before the Release Deadline or if Executive revokes the Release, then Executive will not be entitled to the benefits described in this Section 6.
Preconditions. Any other provision of this Agreement notwithstanding, the remaining Subsections of this Section 9 shall not apply unless each of the following requirements is satisfied:
(i) You have executed a general release of all known and unknown claims that you may then have against the Company or persons affiliated with the Company in a form prescribed by the Company, without alterations. You shall execute and return the release on or before the date specified by the Company in the prescribed form (the “Release Deadline”). The Release Deadline shall in no event be later than sixty (60) days after your termination of employment. If the 60 day period described in the prior sentence spans two calendar years, then the payments will begin on the first payroll period, following expiration of the revocation period, in the second calendar year. If you fail to return the release on or before the Release Deadline, or if you revoke the release, then you shall not be entitled to the benefits described in this Section 9; and
(ii) You have returned all property of the Company in your possession.
Preconditions. Any other provision of this Agreement notwithstanding, the remaining Subsections of this Section 6 shall not apply unless each of the following requirements is satisfied:
(i) The Executive has executed a general release of all known and unknown claims that the Executive may then have against the Company or persons affiliated with the Company in a form prescribed by the Company, without alterations. The Executive shall execute and return the release on or before the date specified by the Company in the prescribed form (the “Release Deadline”). The Release Deadline shall in no event be later than 50 days after the Executive’s Separation. If the Executive fails to return the release on or before the Release Deadline, or if the Executive revokes the release, then the Executive shall not be entitled to the benefits described in this Section 6.
(ii) The Executive has returned all property of the Company in the Executive’s possession.
Preconditions. The Lender shall provide the loan hereunder only after:
1. The bank account, i.e., basic bank account, has been established by the Borrower at the Lender;
2. The Borrower has provided the related instruments and fulfilled the appropriate formalities as required by the Lender;
3. The Borrower has acquired all approvals, registrations and fulfilled all other formalities necessary for the loan hereunder if the same is related to the foreign currency; and
4. The guarantees or assurances required for the loan hereunder have been fulfilled and effective pursuant to the related requirements of laws, in addition, the surety agreement necessary for the loan hereunder, if any, has been concluded and come into effect.
Preconditions. As preconditions to the effectiveness of any of the modifications, consents, or waivers contained herein, the Borrower agrees to provide the Agent with the following:
(1) This Agreement and the Guarantor’s Ratification, properly executed, (2) a waiver fee in the amount of $15,000, and (3) Lender’s counsel’s fees.
Preconditions. Any other provision of this Agreement notwithstanding, Subsections (b) and (c) below shall not apply unless the Executive:
(i) Has executed a general release of all claims the Executive may have against the Company or persons affiliated with the Company (substantially in the form attached hereto as Exhibit A) (the “Release”);
(ii) Has returned all property of the Company in the Executive’s possession; and
(iii) If requested by the Board, has resigned as a member of the Board and as a member of the boards of directors of all subsidiaries of the Company, to the extent applicable. The Executive must execute and return the Release within the period of time set forth in the Release (the “Release Deadline”). The Release Deadline will in no event be later than 50 days after the Executive’s Separation. If the Executive fails to return the Release on or before the Release Deadline or if the Executive revokes the Release, then the Executive will not be entitled to the benefits described in this Section 6.
Preconditions. As a precondition to receiving any Severance Benefits, Executive must (1) remain in compliance with all continuing obligations Executive owes to the Company, including those set forth under Executive’s Proprietary Information Agreement, and (2) within twenty-one (21) days after the Separation Date, Executive must sign and return to the Company, a separation agreement and release of claims in substantially the form attached hereto as Exhibit B (the “Release”) and allow the Release to become fully-effective and non-revocable by its terms. The Severance will be paid in the form of continuing installments on the ordinary payroll schedule, and the Final Bonus will be paid in a lump sum following the Separation Date within ten (10) business days of the effective date of such Release.
Preconditions. The Lessee must not affix or paint any sign, notice or advertising device on or to the Premises except with the Lessor's prior written consent and in compliance with all Authorities' requirements.
Preconditions. Any other provision of this Agreement notwithstanding, this Section 1 shall apply only if:
(i) Either (A) the Company terminates the Employee’s employment for any reason other than Cause or (B) the Employee resigns for Good Reason within one hundred eighty (180) days after the event that constitutes Good Reason;
(ii) Section 2 does not apply;
(iii) The Employee has executed a general release of all claims (in a reasonable form prescribed by the Company);
(iv) The Employee has returned all property of the Company in the Employee’s possession; and
(v) The Employee, if requested by the Company’s Board of Directors (the “Board”), has resigned as a member of the Board and as a member of the Boards of Directors of all subsidiaries of the Company (to the extent applicable).
