The Employee. This Agreement is personal to the Employee and without the prior written consent of the Company shall not be assignable by the Employee otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Employee's legal representatives.
The Employee. Neither this Agreement nor any right or interest hereunder may be assigned by the Employee, his beneficiaries, or legal representatives without the prior written consent of the Board; provided, however, that nothing in this Section 9 shall preclude (i) the Employee from designating a beneficiary to receive any benefit payable hereunder upon his death, or (ii) the executors, administrators, or other legal representatives of the Employee or his estate from assigning any rights hereunder to distributees, legatees, beneficiaries, testamentary trustees or other legal heirs of the Employee.
The Employee. (a) confirms, warrants and undertakes that he is acquiring the Employee Shares and E Shares on his own behalf for investment purposes and not re-sale;
(b) confirms, warrants and undertakes that in deciding to apply for the Employee Shares and E Shares, he has made his own assessment of the risks and opportunities involved and has not relied upon any warranty, representation, or inducement from any person;
(c) shall undertake all such acts, things and deeds necessary to effect a conversion, redemption, forfeiture and sale of the Employee Shares in accordance with the Articles and this agreement; Table of Contents
(d) undertakes that (if required by the Company) he shall on the date of this agreement enter into an election under section 431(1) Income Tax (Earnings and Xxxxxxxx) Xxx 0000 such that any restrictions attaching to the Employee Shares and E Shares will be ignored when valuing the Employee Shares and E Shares for tax purposes;
(e) irrevocably agrees to the appointment of any officer of the Company to negotiate and agree on his behalf with Her Majesty’s Revenue and Customs the restricted and/or unrestricted market value of the Employee Shares and E Shares for tax purposes.
The Employee. (a) irrevocably appoints the Company as his attorney (“Attorney”) for all purposes referred to in this agreement and irrevocably authorises the Attorney (on the Employee’s behalf) to execute all document(s) and to do any and all acts and things as the Attorney shall in its absolute discretion consider necessary in order to give full effect to the terms of this agreement;
(b) agrees that the Attorney may in his name or otherwise on the Employee’s behalf:
(i) execute any stock transfer form and do all things necessary in order to transfer any of the Employee Shares or E Shares in accordance with this agreement or the Articles; Table of Contents
(ii) accept any Company Conversion Information Notice served in accordance with this agreement;
(iii) serve a Conversion Notice in accordance with this agreement;
(iv) approve any alteration to this agreement pursuant to clause 7; and/or
(v) accept and retain any share certificate issued by the Company in respect of the Employee Shares or E Shares.
The Employee. The Employee shall not pledge, hypothecate, anticipate or in any way create a lien upon any amounts provided under this Agreement. This Agreement and the benefits payable hereunder shall not be assignable by the Employee; provided, however, that nothing in this Section shall preclude the Employee from designating a beneficiary to receive any benefit payable hereunder upon his death, or the executors, administrators or other legal representatives of the Employee or his estate from assigning any rights hereunder to which they become entitled, to the person or persons entitled thereto under applicable law.
The Employee. This Agreement is personal to the Employee and, without the prior express written consent of MLI, shall not be assignable by the Employee, except that the Employee's rights to receive any compensation or benefits under this Agreement may be transferred or disposed of pursuant to testamentary disposition, intestate succession or a qualified domestic relations order or in connection with a Disability. This Agreement shall inure to the benefit of and be enforceable by the Employee's estate, heirs, beneficiaries, and/or legal representatives.
The Employee acknowledges and understands that the provisions of the covenants contained in Sections 12, 13 and 14 hereof, the violation of which cannot be accurately compensated for in damages by an action at law, are of crucial importance to the Company, and that the breach or threatened breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach or threatened breach by the Employee of the provisions of Section 12, 13 or 14 hereof, the Company will be entitled to an injunction restraining the Employee from such breach. Nothing herein contained will be construed as prohibiting the Company from pursuing any other remedies available for any breach or threatened breach of this Agreement.
The Employee. The responsibilities of the individual employee who is a participant in the Employee Assistance Program are:
a) to co-operate in the assessment and recovery process in order to bring his/her job performance up to a satisfactory level.
b) to maintain a satisfactory level of work performance subsequent to reasonable rehabilitation efforts.
The Employee. The employee should prepare by –
i. reviewing previous objectives and identifying possible new objectives and targets;
ii. collecting supporting facts on performance delivered;
iii. identifying factors that affected his/her performance;
iv. identifying support that will be needed as well as possible training and development needs; and
v. reflecting on the feedback to be given to the supervisor.
The Employee committed a felony.
