Common use of Release by Executive Clause in Contracts

Release by Executive. In consideration of certain payments and benefits made or to be made to (“Executive”) pursuant to the terms of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf of his heirs and assigns, hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present and future officers, directors, shareholders, employees, representatives, parent companies, subsidiaries, affiliated companies, employee benefit plan administrators and trustees, predecessors, successors, assigns and all other persons acting by, through or in concert with them (collectively, the “Released Parties”), from any and all charges, claims, complaints, demands, liabilities, actions or causes of action, losses, costs or expenses of any kind whatsoever (including related attorneys’ fees and costs), known or unknown, suspected or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason of any acts, omissions, transactions or events occurring at any time through and including the date Executive signs this Release. This Release applies, without limitation, to all claims of any nature whatsoever relating to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or other adverse employment decision, all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and other applicable federal, state or local laws, ordinance or regulations relating to discrimination and/or employee benefits of any type whatsoever to the full extent permitted by law.

Appears in 6 contracts

Samples: Executive Employment Agreement (YADKIN FINANCIAL Corp), Executive Employment Agreement (YADKIN FINANCIAL Corp), Executive Employment Agreement (YADKIN FINANCIAL Corp)

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Release by Executive. In consideration of certain payments and benefits made or to be made to (“Executive”) pursuant to the terms of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”), The Executive, on for himself and his own behalf personal representatives and on behalf of his heirs and assignsheirs, hereby irrevocably and unconditionally releases and forever discharges, individually discharges the Corporation and collectively, Yadkin Financial Corporation, and Yadkin the Bank and all of their respective past, present and future officersaffiliated entities, directors, shareholdersofficers, employees, representativesshareholders, parent companiesconsultants, subsidiariesagents, affiliated companiesaccounting firms, employee benefit plan administrators law firms, and trustees, predecessors, successors, assigns each of the members thereof (in both their individual and official capacities) from all other persons acting by, through or in concert with them (collectively, the “Released Parties”), from any and all charges, claims, complaints, demands, liabilities, actions claims or causes of action, losses, costs or expenses action of any kind whatsoever (including related attorneys’ fees and costs)nature whatsoever, known or unknown, suspected based on any fact, circumstance, act, omission or unsuspected, contingent event occurring or absolute, that Executive may now have existing at or has ever had against prior to the Employer Group by reason execution of any acts, omissions, transactions or events occurring at any time through and including the date Executive signs this Release. This Release applies, without limitation, to all claims of any nature whatsoever relating to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or other adverse employment decision, all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, Agreement (except as hereafter specifically provided) including, but not limited to, any claims which Executive may have based on or relating to his employment with the Company or the termination of that employment, except as hereafter specifically provided. This includes, but is not limited to, a release of any defamation claims and a release of any rights or claims which Executive may have under the Age Discrimination in Employment Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991as amended, which prohibits discrimination in employment based on race, color, national origin or sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Americans with Disabilities Act of 1990, which prohibits discrimination against disabled persons; the Vocational Rehabilitation Act of 1973, which prohibits discrimination against handicapped persons, the Pennsylvania Human Relations Act, the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and or any other applicable federal, state or local laws, ordinance laws or regulations relating prohibiting employment discrimination. Executive also intends to discrimination and/or employee benefits release Company for any claim for wrongful discharge, any claim that Company dealt with him unfairly or any other claims arising under common law which relate, in any way, to his employment with Company or the termination thereof, including, but not limited to, any defamation or other cause of action of any type nature whatsoever (whether or not similar to a defamation action). This Release covers claims that Executive knows about, and those that he may not know about, up through the full extent permitted date of this Release. This Release does not cover any claim that Executive may make related to: (a) this Agreement; (b) any retirement or other employee benefit plan maintained by lawthe Company in which the Executive participates; (c) the SERP; (d) any of the Stock Option Agreements; (e) any claim for indemnification against the Corporation or the Bank.

Appears in 2 contracts

Samples: Retirement Agreement (DNB Financial Corp /Pa/), Retirement Agreement (DNB Financial Corp /Pa/)

Release by Executive. In consideration of certain payments Except as specifically provided in this Agreement, the Document, the Restricted Stock Agreement and benefits made or to be made to (“Executive”) pursuant to the terms of his April Bonus Award Agreements, 2014 the Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporationhereby IRREVOCABLY AND UNCONDITIONALLY RELEASES, ACQUITS, FOREVER FULLY DISCHARGES AND COVENANTS NOT TO SUE OR OTHERWISE PARTICIPATE IN ANY ACTION AGAINST the Company, and Yadkin Bank (“Employer Group”)ixx predecessors, Executive, on his own behalf and on behalf of his heirs successors and assigns, hereby irrevocably and unconditionally releases the current and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present and future officers, former directors, shareholdersofficers, employees, agents, attorneys, representatives, parent companies, subsidiaries, affiliated companies, employee benefit plan administrators and trustees, predecessors, and insurers and reinsurers of said corporations, firms, associations, partnerships and entities, and their guardians, successors, assigns assigns, heirs, executors and administrators (all other of which persons acting by, through or in concert with them (collectively, the “Released Parties”and entities are hereinafter collectively referred to as "Executive Releasees"), from or regarding any and all chargesclaims, counterclaims, actions, causes of action, cross-claims, complaints, demandsgrievances, promises, liabilities, actions or causes of actionobligations, agreements, damages, rights, debts, demands, controversies, costs, losses, and expenses (including, without limitation, attorneys' fees, court costs and expenses) of whatever nature or expenses of any kind whatsoever (including related attorneys’ fees and costs)kind, in law or in equity, or otherwise, whether now known or unknown, suspected which the Executive now has or unsuspectedmay ever have had prior to the "Effective Date" (as defined in Section 12 hereof) against all or any of the Executive Releasees. Without limiting the foregoing, contingent except as provided in this Agreement, the release and covenant not to sue set forth in the immediately preceding sentence applies to all clxxxs under any municipal, local, state or absolutefederal law, common or statutory, for any actions or omissions, whether known or unknown, that Executive may now have arise from, relate to, or has ever had against the Employer Group by reason of are in any acts, omissions, transactions or events occurring at any time through and including the date Executive signs this Release. This Release applies, without limitation, to all way connected with claims of any nature whatsoever relating to any alleged disparate treatment, denial breach of wages or benefits, contract and wrongful or unlawful discharge or other adverse employment decision, all termination and claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with arising under the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Federal Age Discrimination in Employment Act, the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and any other applicable federal, state or local laws, ordinance laws prohibiting employment discrimination or regulations claims growing out of any legal restrictions on the Company's right to terminate its employees. This release and covenant not to sue applies to all claims relating to discrimination and/or employee benefits Executive's employment by the Cxxxany including all claims based on the Executive's Employment Related Agreements. This release and covenant not to sue also applies to all common law claims including breach of contracx, fraud, negligence, negligent misrepresentation, and any type whatsoever other tort or contract claim, and EXCEPT AS PROVIDED IN AND SUBJECT TO THE LIMITATIONS SET FORTH HEREIN, THIS IS A FULL, COMPLETE AND GENERAL RELEASE. Executive further represents and warrants that he has not heretofore assigned any claims that he may have against the Executive Releasees to any other person or entity. Notwithstanding any of the full extent permitted foregoing, the Company acknowledges that Executive may be subject to civil process (including subpoenas issued by lawlegal authorities) that may require him to provide testimony regarding his employment with the Company.

Appears in 1 contract

Samples: Separation Agreement and Release (Gtech Holdings Corp)

Release by Executive. a. In consideration of certain payments Executive’s Release Payment, Executive hereby fully and benefits made or to be made to (“Executive”) pursuant to completely releases, acquits and forever discharges the terms of his April Company, 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporationits affiliates and related entities, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf each of his heirs and assigns, hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present current and future former officers, directors, shareholders, managers, members, partners, employees, representatives, parent companies, subsidiaries, affiliated companiesagents, employee benefit plan administrators plans and fiduciaries, insurers, attorneys, agents, trustees, predecessorsprofessional employer organizations, successors, successors and assigns (each a “Released Party” and all other persons acting by, through or in concert with them (collectively, the “Released Parties”), collectively, separately, and severally, of and from any and all charges, claims, complaints, demands, liabilitiesdamages, actions or causes of action, lossesdebts, costs or expenses liabilities, controversies, judgments, and suits of any every kind whatsoever (including related attorneys’ fees and costs)nature whatsoever, known or unknown, suspected which Executive has had, now has, or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason Released Parties (or any of any acts, omissions, transactions or events occurring at any them) from the beginning of time through and including the date Executive signs this ReleaseAgreement, with the exception of any claims that cannot legally be waived by private agreement (the claims released in this Agreement are collectively referred to as the “Released Claims”). This Release applies, without limitation, to The Released Claims include: (i) all claims of arising under any nature whatsoever relating to any alleged disparate treatmentfederal, denial of wages state or benefitslocal statute or ordinance, wrongful constitutional provision, public policy or unlawful discharge or other adverse employment decisioncommon law, including all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on under Title VII of the Civil Rights Act of 1964, the Civil Rights Age Discrimination in Employment Act of 19911967 (the “ADEA”), the Equal Pay Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act, COBRA, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the North Carolina common law doctrine of wrongful dischargeGeorgia Equal Employment for People with Disabilities Code, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and other applicable federal, state or local all as amended; (ii) all claims arising under discrimination laws, ordinance or regulations whistleblower laws and laws relating to discrimination and/or employee benefits violation of public policy, retaliation, or interference with legal rights; (iii) all claims for compensation of any type whatsoever whatsoever, including but not limited to claims for wages, bonuses, commissions, incentive compensation, equity, vacation, PTO and severance; (iv) all claims arising under tort, contract and/or quasi-contract law; (v) all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements; and (vi) all claims, counterclaims, demands, debts, actions, causes of action, suits, expenses, costs, attorneys’ fees, accountants’ fees, damages, indemnities, obligations and/or liabilities of any nature whatsoever, whether known or unknown, in law or in equity, which are related to, or directly or indirectly arise from, the assessment against, or any other application or possible application to, Executive of any penalties or additional tax under Section 409A, related in any way to the full extent permitted payments and benefits provided herein. Executive hereby waives any right to seek or recover any individual relief (including any money damages, reinstatement, or other relief) in connection with any of the Released Claims through any charge, complaint, lawsuit, or other proceeding, whether commenced or maintained by lawExecutive or by any other person or entity, with the exception of any right to seek an award pursuant to Section 21F of the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Release and Protective Covenant Agreement (United Parcel Service Inc)

Release by Executive. In consideration of certain payments and benefits made or Executive agrees to be made to (“Executive”) pursuant to the terms of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf of his heirs and assigns, hereby irrevocably and unconditionally releases release and forever dischargesdischarge HRB, individually BHR, Shore and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, any present and future officers, directors, shareholders, employees, representatives, or former parent companies, affiliates, subsidiaries, affiliated companies, employee benefit plan administrators and trustees, predecessorsdivisions, successors, assigns and related companies and all other persons acting byof their former and present officers, through or in concert with them employees and directors, as well as their attorneys, accountants, insurers and reinsurers (collectively, the “Bank Released Parties”), from any and all charges, claims, complaintsrights, demands, liabilities, actions or causes of action, lossescomplaints, costs contracts and other claims whatsoever, in law or expenses of in equity, which Executive, Executive’s heirs, successors, assigns and any kind whatsoever (personal or legal representatives have or may have against the Bank Released Parties, including related attorneys’ fees and costs)all known, known or unknown, suspected or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason of any acts, omissions, transactions or events undisclosed and unanticipated claims occurring at any time before and/or through and including the date Executive signs executes this ReleaseAgreement. This Release appliesincludes, without limitationbut is not limited to, to all rights and claims which may arise out of or are in any nature whatsoever relating to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or other adverse employment decision, all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim way related to Executive’s employment with by the Employer GroupBank and the decision to terminate that employment and further includes, or termination of Executive’s employment with the Employer Groupwithout limitation, including, but not limited to, any rights and claims based on under Title VII of the Civil Rights Act of 1964, the Civil Rights Age Discrimination in Employment Act of 1991as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, the Age Discrimination in Employment Act, the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, the Employment Retirement Income Security ActAct (“ERISA”), any Executive benefit agreement or plan sponsored by the Bank which benefit is not vested pursuant to the terms of the governing agreement or plan, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Americans with Disabilities Act, and any other applicable federal, state state, county, city or local laws, ordinance regulations and ordinances prohibiting employment discrimination. This also includes, claims for wrongful discharge, breach of contract, (oral and written, express and implied) or regulations relating to discrimination any other statutory, common law, or tort claims that Executive had, has or may have against the Bank, including any claim arising in his capacity as a director of HRB, BHR and/or employee benefits Shore. Provided, however, nothing in this Agreement is intended to, or does release i) the assertion of any type whatsoever to rights of Executive set forth in, incorporated into or preserved by this Agreement, ii) any continuing obligation(s) of the full extent permitted Bank Released Parties set forth in, incorporated into or preserved by this Agreement, or iii) any claims that cannot be released as a matter of law.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Hampton Roads Bankshares Inc)

Release by Executive. In For valuable consideration of certain payments and benefits made or to be made to (“Executive”) pursuant to the terms of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”)provided herein, Executive, on for himself, and his own behalf and on behalf of his assigns, heirs and assignsexecutors and for all persons claiming by or through him, does hereby irrevocably forever and unconditionally releases release the Company, together with its affiliated corporations or entities (including without limitation Mountain Air Cargo, Inc., CSA Air, Inc., Global Ground Support, LLC and forever dischargesGlobal Aviation Services, individually and collectivelyLLC), Yadkin Financial Corporationtheir insurers or benefit plans, and Yadkin Bank and each of their respective past, past or present and future officers, directors, shareholdersexecutives, employees, representativesagents, parent companiesattorneys and consultants (including without limitation Xxxx X. Xxxxxxx, subsidiariesXxxxxxx X. Xxxxxxx, affiliated companiesXxxx X. Xxxxxxx, employee benefit plan administrators Xxxxxx X. Xxxxxxx, Xxxx X. Xxxxxx, Xxxxxxxx X. Xxxxxxx, Xxxx Xxxxx and trustees, predecessors, successors, assigns and all other persons acting by, through or in concert with them (collectively, the “Released Parties”), Xxxxxxx X. Xxxxxxx) from any and all charges, claims, complaints, demands, liabilities, actions claims or causes of action, losses, costs or expenses of any kind whatsoever (including related attorneys’ fees and costs), obligations whether known or unknown, suspected or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason arising out of any actsmatter, omissions, transactions cause or events thing occurring at any time through and including before the date Executive signs this Release. This Release applieshereof, including without limitation, to all claims of any nature whatsoever relating to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or other adverse employment decision, limitation all claims relating to any contract or arising out of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s 's employment with the Employer GroupCompany, or termination of Executive’s employment with the Employer Group, including, but not limited to, any alleged discrimination (including without limitation all claims based on Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, for age discrimination arising under the Age Discrimination in Employment Act), retaliation, harassment, compensation, benefits, perquisites, severance, outplacement, vacation pay, automobile expense, business expenses, reimbursements of any kind, attorney’s fees, wages or bonuses owed to him, and all claims or obligations arising out of his departure from the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, Company as well as all such claims arising under or pursuant to the Employment Retirement Income Security ActAgreement. This release covers any injuries, damages or claims not now known by Executive that arise in any way out of events occurring prior to the Older Workers Benefit Protection Act, date of the Fair Labor Standards Act, execution of this Agreement. Executive acknowledges that he has been advised of his option to retain counsel prior to signing the North Carolina Wage and Hour Actagreement encompassing this release, and other applicable federalexecutes the same freely, state or local lawsvoluntarily and with full knowledge of its consequences. Provided, ordinance or regulations however, this release shall not include any claims relating to discrimination and/or employee (i) the obligations of the Company under this Agreement, (ii) Executive’s rights, claims and benefits of any type whatsoever to under the full extent permitted health care benefit plans sponsored by lawthe Company and (iii) Executive’s rights, claims and benefits under 401k retirement plans sponsored by the Company.

Appears in 1 contract

Samples: Separation Agreement and Release (Air T Inc)

Release by Executive. (a) In consideration of certain payments Executive’s continued employment with the Company, the adequacy of which is hereby acknowledged, Executive hereby fully and benefits made or to be made to (“Executive”) pursuant to completely releases, acquits and forever discharges the terms of his April Company, 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporationits affiliates and related entities, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf each of his heirs and assigns, hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present current and future former officers, directors, shareholders, managers, members, partners, employees, representatives, parent companies, subsidiaries, affiliated companiesagents, employee benefit plan administrators plans and fiduciaries, insurers, attorneys, agents, trustees, predecessorsprofessional employer organizations, successors, successors and assigns (each a “Released Party” and all other persons acting by, through or in concert with them (collectively, the “Released Parties”), collectively, separately, and severally, of and from any and all charges, claims, complaints, demands, liabilitiesdamages, actions or causes of action, lossesdebts, costs or expenses liabilities, controversies, judgments, and suits of any every kind whatsoever (including related attorneys’ fees and costs)nature whatsoever, known or unknown, suspected which Executive has had, now has, or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason Released Parties (or any of any acts, omissions, transactions or events occurring at any them) from the beginning of time through and including the date Executive signs this ReleaseAgreement, with the exception of any claims that cannot legally be waived by private agreement (the claims released in this Agreement are collectively referred to as the “Released Claims”). This Release applies, without limitation, to The Released Claims include: (i) all claims of arising under any nature whatsoever relating to any alleged disparate treatmentfederal, denial of wages state or benefitslocal statute or ordinance, wrongful constitutional provision, public policy or unlawful discharge or other adverse employment decisioncommon law, including all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on under Title VII of the Civil Rights Act of 1964, the Civil Rights Age Discrimination in Employment Act of 19911967 (the “ADEA”), the Equal Pay Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act, COBRA, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the North Carolina common law doctrine of wrongful dischargeGeorgia Equal Employment for People with Disabilities Code, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and other applicable federal, state or local all as amended; (ii) all claims arising under discrimination laws, ordinance or regulations whistleblower laws and laws relating to discrimination and/or employee benefits violation of public policy, retaliation, or interference with legal rights; (iii) all claims for compensation of any type whatsoever whatsoever, including but not limited to claims for wages, bonuses, commissions, incentive compensation, equity, vacation, PTO and severance; (iv) all claims arising under tort, contract and/or quasi-contract law; (v) all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements; and (vi) all claims, counterclaims, demands, debts, actions, causes of action, suits, expenses, costs, attorneys’ fees, accountants’ fees, damages, indemnities, obligations and/or liabilities of any nature whatsoever, whether known or unknown, in law or in equity, which are related to, or directly or indirectly arise from, the assessment against, or any other application or possible application to, Executive of any penalties or additional tax under Section 409A, related in any way to the full extent permitted payments and benefits provided herein. Executive hereby waives any right to seek or recover any individual relief (including any money damages, reinstatement, or other relief) in connection with any of the Released Claims through any charge, complaint, lawsuit, or other proceeding, whether commenced or maintained by lawExecutive or by any other person or entity, with the exception of any right to seek an award pursuant to Section 21F of the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Transition Agreement (United Parcel Service Inc)

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Release by Executive. In consideration of certain the payments by and benefits made or agreements of Pliant contained herein, Executive agrees to be made to (“Executive”) pursuant to forever RELEASE and DISCHARGE Pliant, the terms Subsidiaries, X.X. Xxxxxx Partners, LLC and each of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf of his heirs and assigns, hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective pastdirect and indirect parents, present subsidiaries and future officersaffiliates, as well as all of their respective shareholders, members, directors, shareholdersofficers, managers, employees, representativesagents and attorneys (hereinafter collectively referred to as the "RELEASED PARTIES") and the heirs, parent companiesexecutors, subsidiariesadministrators, affiliated companies, employee benefit plan administrators successors and trustees, predecessors, successors, assigns and all other persons acting by, through or in concert with them (collectively, of the Released Parties”), Parties from any and all charges, complaints, claims, complaintspromises, demandssuits, liabilitiesdebts, actions or sums of money, accounts, covenants, contracts, controversies, damages, judgments, rights, obligations, agreements and causes of action, losses, costs or expenses of any kind whatsoever (including related attorneys’ fees and costs), whether known or unknown, suspected or unsuspected, whether contingent or absoluteliquidated, that Executive may now have whether by apportionment or has ever had against the Employer Group otherwise, of every kind, nature or description arising by reason of any actsmatter, omissions, transactions cause or events occurring thing whatsoever at any time through and including from the date Executive signs this Releasebeginning of the World to the Effective Date. This Release appliesrelease includes, but is not limited to: any payments required pursuant to the Management Incentive Plan; any claims as a stockholder of the Company; any claims relating in any way to Pliant's Series B Preferred Stock (including, without limitation, to all claims of any nature whatsoever relating claim for entitlement to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or shares thereof other adverse employment decision, all than the Retained Interest retained by Executive hereunder); any claims relating in any way to any contract of employment incentive plan or promises of compensation, whether express or impliedany agreement relating thereto, or any option or other claim related to Executive’s employment with the Employer Group, or right arising thereunder (which Executive acknowledges and agrees terminate in their entirety upon termination of Executive’s 's employment with the Employer Group, including, but not limited to, by Pliant); any claims based for continued employment, employment pay, incentive pay, performance bonuses, commissions, vacation pay, sick pay, severance pay and benefits (except accrued retirement benefits); any rights arising out of alleged violations or breaches of any express or implied agreements; breach of the implied covenant of good faith and fair dealing; any legal restrictions on the Released Parties' rights to terminate employees; any tort; negligent or intentional misrepresentation; wrongful discharge; intentional or negligent interference with contractual relations; intentional or negligent infliction of emotional distress; whistleblowing; or past violation of any statute including: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the North Carolina common law doctrine of wrongful discharge, the Americans With Disabilities Act, the Employment Retirement Income Security Act, Act as amended by the Older Workers Worker Benefit Protection Act; ERISA, the Fair Labor Standards Act, the North Carolina Wage and Hour ActCOBRA, and any other applicable federal, state or local lawsrule, regulation or law. Executive promises not to initiate a lawsuit or bring a claim against the Released Parties, in any court or otherwise, relating to any action released under this SECTION 6(a), under any common law claim, whether in law or equity, or federal, state or local statute, ordinance or regulations rule of law. Executive also waives any remedy or recovery in any action that may be brought on her behalf by any government agency or other person. Notwithstanding the foregoing, Executive reserves all rights relating to discrimination and/or employee benefits the Lump Sum Payment, the Continued Medical, Dental and Basic Life Benefits, the Outplacement Benefits, the Legal Fee Benefit and any rights through the Employment Resignation Date as an officer of any type whatsoever to the full extent permitted by lawPliant under Pliant's statutory and contractual officer and director indemnification obligations.

Appears in 1 contract

Samples: Severance and Release Agreement (Pliant Corp)

Release by Executive. a. In consideration of certain payments Executive’s continued employment with the Company, the adequacy of which is hereby acknowledged, Executive hereby fully and benefits made or to be made to (“Executive”) pursuant to completely releases, acquits and forever discharges the terms of his April Company, 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporationits affiliates and related entities, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf each of his heirs and assigns, hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present current and future former officers, directors, shareholders, managers, members, partners, employees, representatives, parent companies, subsidiaries, affiliated companiesagents, employee benefit plan administrators plans and fiduciaries, insurers, attorneys, agents, trustees, predecessorsprofessional employer organizations, successors, successors and assigns (each a “Released Party” and all other persons acting by, through or in concert with them (collectively, the “Released Parties”), collectively, separately, and severally, of and from any and all charges, claims, complaints, demands, liabilitiesdamages, actions or causes of action, lossesdebts, costs or expenses liabilities, controversies, judgments, and suits of any every kind whatsoever (including related attorneys’ fees and costs)nature whatsoever, known or unknown, suspected which Executive has had, now has, or unsuspected, contingent or absolute, that Executive may now have or has ever had against the Employer Group by reason Released Parties (or any of any acts, omissions, transactions or events occurring at any them) from the beginning of time through and including the date Executive signs this ReleaseAgreement, with the exception of any claims that cannot legally be waived by private agreement (the claims released in this Agreement are collectively referred to as the “Released Claims”). This Release applies, without limitation, to The Released Claims include: (i) all claims of arising under any nature whatsoever relating to any alleged disparate treatmentfederal, denial of wages state or benefitslocal statute or ordinance, wrongful constitutional provision, public policy or unlawful discharge or other adverse employment decisioncommon law, including all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on under Title VII of the Civil Rights Act of 1964, the Civil Rights Age Discrimination in Employment Act of 19911967 (the “ADEA”), the Equal Pay Act, the Civil Rights Act of 1866, the Employee Retirement Income Security Act, COBRA, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the North Carolina common law doctrine of wrongful dischargeGeorgia Equal Employment for People with Disabilities Code, the Americans With Disabilities Act, the Employment Retirement Income Security Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and other applicable federal, state or local all as amended; (ii) all claims arising under discrimination laws, ordinance or regulations whistleblower laws and laws relating to discrimination and/or employee benefits violation of public policy, retaliation, or interference with legal rights; (iii) all claims for compensation of any type whatsoever whatsoever, including but not limited to claims for wages, bonuses, commissions, incentive compensation, equity, vacation, PTO and severance; (iv) all claims arising under tort, contract and/or quasi-contract law; (v) all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements; and (vi) all claims, counterclaims, demands, debts, actions, causes of action, suits, expenses, costs, attorneys’ fees, accountants’ fees, damages, indemnities, obligations and/or liabilities of any nature whatsoever, whether known or unknown, in law or in equity, which are related to, or directly or indirectly arise from, the assessment against, or any other application or possible application to, Executive of any penalties or additional tax under Section 409A, related in any way to the full extent permitted payments and benefits provided herein. Executive hereby waives any right to seek or recover any individual relief (including any money damages, reinstatement, or other relief) in connection with any of the Released Claims through any charge, complaint, lawsuit, or other proceeding, whether commenced or maintained by lawExecutive or by any other person or entity, with the exception of any right to seek an award pursuant to Section 21F of the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Transition Agreement (United Parcel Service Inc)

Release by Executive. In consideration of certain payments and benefits made or to be made to (“Executive”) pursuant to the terms of his April , 2014 Executive Employment Agreement (“Employment Agreement”) with Yadkin Financial Corporation, and Yadkin Bank (“Employer Group”), Executive, on his own behalf and on behalf of his heirs Executive, Executive’s successors, and Executive’s assigns, hereby irrevocably now and forever unconditionally releases and forever dischargesdischarges Company and all of its affiliates, individually including, without limitation, all of their past and collectively, Yadkin Financial Corporation, and Yadkin Bank and their respective past, present and future officers, directors, shareholders, employees, representativesvolunteers, agents, parent companiescorporations, predecessors, subsidiaries, affiliated companiesaffiliates, employee branches, insurers, benefit plan administrators and trusteesplans, predecessorsestates, successors, assigns assigns, and all other persons acting by, through or in concert with them attorneys (collectively, the hereinafter collectively referred to as Released PartiesReleasees), ) from any and all claims, charges, claimsactions, complaints, demands, liabilities, actions or causes of action, lossessums of money due, costs or expenses of any kind whatsoever (including related attorneys’ fees and costs)fees, suits, debts, covenants, contracts, agreements, promises, demands, or liabilities (hereinafter collectively referred to as “Claims”) whatsoever, in law or in equity, whether known or unknown, suspected which Executive ever had, now has, or unsuspectedmight in the future have against any of the Releasees based upon facts occurring prior to the date of this Agreement. Without limiting the generality of the foregoing, contingent Executive acknowledges and covenants that, in consideration for the Retirement Benefits, Executive has knowingly LEGAL02/35493666v2 waived any right or absoluteopportunity to assert any Claim which is in any way connected with any employment relationship, or the termination of any employment relationship, that existed between Company and Executive. Executive may now have further understands and agrees that Executive has knowingly relinquished, waived, and forever released any and all remedies arising out of the aforesaid employment relationship or has ever had against the Employer Group by reason of any actstermination thereof, omissions, transactions or events occurring at any time through and including the date Executive signs this Release. This Release appliesincluding, without limitation, to claims for back pay, front pay, liquidated damages, commission payments, compensatory damages, general damages, special damages, punitive damages, exemplary damages, costs, expenses, and attorneys’ fees. Executive specifically acknowledges and agrees that Executive has knowingly and voluntarily released Company and all other Releasees from any and all claims of any nature whatsoever relating to any alleged disparate treatment, denial of wages or benefits, wrongful or unlawful discharge or other adverse employment decision, all claims relating to any contract of employment or promises of compensation, whether express or implied, or any other claim related to Executive’s employment with the Employer Group, or termination of Executive’s employment with the Employer Group, including, but not limited to, any claims based on Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, arising under the Age Discrimination in Employment ActAct (“ADEA”), 29 U.S.C. § 621, et seq., which Executive has or may have against any of the North Carolina common law doctrine Releasees based upon facts occurring prior to the date of wrongful dischargethis Agreement, including but not limited to those claims that are in any way connected with any employment relationship, or the Americans With Disabilities Acttermination of any employment relationship, that existed between Company and Executive. Executive acknowledges and agrees that Executive is advised to consult with an attorney prior to executing this Agreement and that Executive has been given twenty-one (21) days to consider this Agreement prior to its execution. Executive also understands that Executive may revoke this Agreement at any time within seven (7) days following its execution. Executive understands, however, that this Agreement shall not become effective and that none of the Employment Retirement Income Security ActBenefits shall be paid to Executive or on Executive’s behalf until after the expiration of the seven-day revocation period. Notwithstanding the foregoing, nothing in this Agreement shall release Company from its obligations to provide the Older Workers Benefit Protection ActRetirement Benefits, Indemnification and Insurance as provided in Section 4 of the Fair Labor Standards Act, the North Carolina Wage and Hour ActRetirement Agreement, and other applicable federal, state or local laws, ordinance or regulations relating to discrimination and/or employee benefits of any type whatsoever to the full extent permitted by lawAccrued Benefits.

Appears in 1 contract

Samples: Retirement Agreement (Prestige Brands Holdings, Inc.)

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