Unconditional Payments. All payments of principal, interest, fees and other amounts to be made by the Borrower pursuant to this Agreement shall be made unconditionally and without set-off, defence, counterclaim or other reduction of any type, in the currency in which the Loan is outstanding for value on the day such amount is due, and if such day is not a Banking Day on the Banking Day next following, by deposit or transfer thereof to the Agent’s Accounts or at such other place as the Borrower and the Agent may from time to time agree. Notwithstanding anything to the contrary expressed or implied in this Agreement, the receipt by the Agent in accordance with this Agreement of any payment made by the Borrower for the account of any of the Lenders shall, insofar as the Borrower’s obligations to the relevant Lenders are concerned, be deemed also to be receipt by such Lenders and the Borrower shall have no liability in respect of any failure or delay on the part of the Agent in disbursing and/or accounting to the relevant Lenders in regard thereto.
Unconditional Payments. Your total unconditional compensation, payments and benefits from the Company shall be as follows:
(a) You will receive your final pay through the Termination Date, less applicable statutory deductions and authorized withholdings.
(b) You will be paid for all accrued but unused paid time off as of the Termination Date, less applicable statutory deductions and authorized withholdings.
(c) You will receive, under separate cover, information about your rights to elect medical and dental insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). Nothing in this Agreement and Release is intended to impair any of the rights described in this paragraph 1, to which you are unconditionally entitled.
Unconditional Payments. The liability of the Borrower to make payments or to discharge any other debts under this Agreement is in no way conditional upon performance of any contract by any other party and it shall not be affected in any way by reason of any claim, which the Borrower might have or might consider that it has against any other party or the Lender by way of set-off or counter-claim or otherwise.
Unconditional Payments a. For the time the Executive works for the Company from the Effective Date to the Separation Date, the Company shall pay the Executive at his current base salary rate, less applicable statutory deductions and authorized withholdings (e.g., for income tax and FICA), on the Company’s regularly schedule payday(s) applicable to that time period (the “Final Salary Payment”).
b. The Company will send the Executive, under separate cover, information about his rights to elect medical, dental and vision insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), if the Executive has such rights.
c. The Executive recognizes and agrees that he is not entitled to payment for any paid time off, if any, that he has accrued with the Company but not used as of the Separation Date. Nothing in this Separation Agreement is intended to impair any of the Executive’s rights described in this Section 2. In addition, and provided that the Executive agrees to and accepts the terms of this Separation Agreement:
Unconditional Payments. 14.1 The Borrower expressly acknowledges that this Credit Agreement constitutes an obligation on the Borrower’s part that is independent and completely separate from the Supply Contract and the liability of the Borrower to repay the Loan and to pay any other amount under this Credit Agreement on the due dates therefore, shall not be conditional upon:
(i) performance by the Supplier or any other party of the terms of the Supply Contract or any related contract, and shall not be affected by any claim which the Borrower may have against the Supplier; or
(ii) the legality, validity or enforceability of the Supply Contract (including, but not limited to, the absence of any consents or authorisations required in connection with the Supply Contract).
Unconditional Payments a. No later than three (3) days after the Separation Date, the Company shall provide the Executive with a payment, at the Executive’s regular base salary rate, for the time the Executive worked during the Company’s most recent pay period through and including the Separation Date, less applicable statutory deductions and authorized withholdings (the “Final Salary Payment”).
b. The Company will send the Executive, under separate cover, information about his rights to elect medical, dental and vision insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), if the Executive has such rights. Nothing in this Separation Agreement is intended to impair any of the Executive’s rights described in this Section 2. In addition, and provided that the Executive agrees to and accepts the terms of this Separation Agreement and does not revoke his acceptance of pursuant to Section 14 below:
Unconditional Payments a. On the Company’s next regularly scheduled payday, the Company shall provide the Executive with a payment, at the Executive’s regular base salary rate, for the time the Executive worked during the Company’s most recent pay period through and including September 5, 2021, less applicable statutory deductions and authorized withholdings (the “Final Salary Payment”).
b. The Company will send the Executive, under separate cover, information about his rights to elect medical, dental and vision insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), if the Executive has such rights. Nothing in this Separation Agreement is intended to impair any of the Executive’s rights described in this Section 2. In addition, and provided that the Executive agrees to and accepts the terms of this Separation Agreement and does not revoke his acceptance pursuant to Section 14 below:
Unconditional Payments. 5.1 In consideration for iPulse development services already provided by OZ to Ericsson up to the date hereof, which Ericsson has received and accepted, Ericsson agrees to pay OZ a final payment of US $6,000,000 on times as set forth below: - Already received by OZ $ 350,000 - On January 30, 2002 $ 2,000,000 - On February 28, 2002 $ 2,000,000 - On March 30, 2002 $ 1,650,000
5.2 The Parties agree that these payments and the services already rendered shall constitute the complete and final settlement of any claims or obligations between them and that would relate to any services performed under the agreements set forth in Section 3.
5.3 No royalties shall be payable by either Party to the other related to the sale or licensing of iPulse(TM) Software.
Unconditional Payments a. No later than the earlier of the Company’s next regularly scheduled payday following the Separation Date or the date coming two weeks after the Separation Date, the Company will provide the Executive with a payment, at the Executive’s regular base salary rate as of the Separation Date, for the time the Executive worked prior to the Separation Date during the Company’s regular pay period containing the Separation Date, less applicable statutory deductions, and authorized withholdings (e.g., for income tax and FICA) (the “Final Salary Payment”).
b. The Final Salary Payment will include an amount for the Executive’s accrued but unused vacation time, if any, as of the Separation Date.
c. The Company will pay Executive all his earned, accrued, and unpaid benefits as of the Separation Date, if any, under the Company’s employee benefit plans, including any such benefits under the Company’s pension, disability, and life insurance plans, policies, and programs. Payment for such benefits, if any, will be made according to the terms of the applicable employee benefit plan or, if an earlier date is required by applicable law, than by that earlier date.
d. Executive will retain eighty-seven thousand five hundred (87,500) shares of class B common stock that have already vested as of the date of this Agreement (the “Issued Shares”) under that certain restricted stock grant agreement between the Executive and the Company dated April 30, 2024.
e. The Company will send the Executive, under separate cover, information about his rights to elect medical, dental and vision insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), if the Executive has such rights. Nothing in this Agreement is intended to impair any of the Executive’s rights described in this Section 2. In addition, and provided that the Executive agrees to and accepts the terms of this Separation Agreement and does not revoke his acceptance pursuant to Section 15 below:
Unconditional Payments a. On the Company’s next regularly scheduled payday, the Company shall provide the Executive with a payment, at the Executive’s regular base salary rate, for the time the Executive worked during the Company’s most recent pay period through and including August 30, 2021, less applicable statutory deductions and authorized withholdings (the “Final Salary Payment”).
b. The Final Salary Payment will also include a payment for the Executive’s unused accrued paid time off (if it is the Company’s regular practice to provide departing employees with reimbursement for unused accrued paid time-off).
c. The Company will send the Executive, under separate cover, information about his rights to elect medical, dental and vision insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), if the Executive has such rights. Nothing in this Agreement is intended to impair any of the Executive’s rights described in this Section 2. In addition, and provided that the Executive agrees to and accepts the terms of this Separation Agreement and does not revoke his acceptance pursuant to Section 14 below:
