Restatement of Prior Agreement. The terms of the prior agreement made between the Parties dated January 1, 2006, are hereby amended, restated and superseded by the terms of this Agreement, to be effective on the Effective Date of this Agreement.
Restatement of Prior Agreement. This Agreement amends and restates, effective as of January 1, 2008, the Severance/Change in Control Agreement between the Company and Executive dated September 1, 2006 (“Prior Agreement”), to comply with Section 409A and to clarify certain other provisions of the Prior Agreement. This amended and restated Agreement does not preclude the Prior Agreement (as amended and restated by this Agreement) from qualifying for grandfather treatment under the transition rule set forth in Internal Revenue Service Revenue Ruling 2008-13 with respect to contracts in effect on February 21, 2008. Each of the parties hereto has relied on his or its own judgment in entering into this Agreement.
Restatement of Prior Agreement. The Prior Agreement is hereby amended and restated in its entirety and, as of the Effective Date, is in its entirety superseded by this Agreement. For the avoidance doubt, the amendment of the Prior Agreement by this Agreement shall be of no prejudice to the rights, obligations and liabilities of either party accrued under the Prior Agreement prior to the Effective Date.
Restatement of Prior Agreement. The parties hereto acknowledge that this Agreement amends and restates that Certain Employment Agreement between the Company and the Employee dated as of August 1, 1997 and as amended on February 23, 2000 and June 29, 2001.
Restatement of Prior Agreement. The parties to this Agreement, pursuant to Section 9.7 of the Prior Agreement and on behalf of all parties to the Prior Agreement, hereby agree that this Agreement shall amend, restate, and supersede the Prior Agreement in all respects.
Restatement of Prior Agreement. This Agreement amends, restates and replaces in its entirety the Prior Agreement.
Restatement of Prior Agreement. This Agreement constitutes a restatement in its entirety of the Prior Agreement. Upon the effectiveness of this Agreement, the Prior Agreement shall be terminated and of no further force or effect, and neither the Company nor any other party to such Prior Agreement shall have any further rights or obligations under such Prior Agreement.
Restatement of Prior Agreement. Upon the execution of this Agreement by Executive and the Company, this Agreement will restate and supersede the Employment Agreement dated as of January 13, 2006, by and between Executive and the Company and the First and Second Amendments thereto (the “Prior Employment Contract”), and upon such execution hereof the Prior Employment Contract will be superseded in full hereby. Any provision contained in this Agreement that refers to or is dependent upon the time period during which Executive has been employed by the Company will take into account and include periods prior to the date hereof during which Executive was employed by the Company, and the termination of the Prior Employment Contract will not be deemed a termination or any cessation of Executive’s employment by the Company.
Restatement of Prior Agreement. This Agreement is a restatement, in its entirety, of the Loan Agreement dated as of June 4, 2008, as amended, by and between the Bank and the Borrower, and any indebtedness outstanding thereunder shall be deemed to be outstanding under this Agreement. Nothing in this Agreement shall be deemed to be a repayment or novation of the indebtedness, or to release or otherwise adversely affect any lien, mortgage or security interest securing such indebtedness or any rights of the Bank against any guarantor, surety or other party primarily or secondarily liable for such indebtedness.
Restatement of Prior Agreement. This Agreement amends and restates the Prior Agreement in its entirety. The Borrower and the Prior Lenders agree that after the effectiveness hereof on the Restatement Date, the Prior Agreement shall be of no further force or effect (except for any provisions thereof which by their terms survive termination thereof)
