Voluntary Signing Sample Clauses

Voluntary Signing. The Executive acknowledges that the Executive has read this Agreement and understands it and has signed it voluntarily. PLEASE READ THIS AGREEMENT CAREFULLY; IT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
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Voluntary Signing. Company has executed this Agreement voluntarily, without coercion, and with full knowledge of its significance, and with Company’s full understanding of its terms and conditions. As of the Execution Date, Company has paid all wages and compensation, as well as reimbursement of expenses, due and owing to Executive, not including any unpaid accrued obligations or Severance Payments or other payments or benefits which may be due and owing hereunder.
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Voluntary Signing. This Agreement is executed voluntarily, without coercion, and with full knowledge of its significance, and with Executive’s full understanding of its terms and conditions. Executive has received all wages and compensation, as well as reimbursement of expenses, due and owing to him, excluding any unpaid Accrued Obligations or Severance Payments or any other payments or benefits which may be due and owing hereunder.
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Voluntary Signing. This Agreement is executed voluntarily, without coercion, and with full knowledge of its significance, and with Executive's full understanding of its terms and conditions. Executive has received all wages and compensation, as well as reimbursement of expenses, due and owing to him, excluding any unpaid Accrued Obligations or Severance Payments or any other payments or benefits which may be due and owing hereunder. 7. Representations and Covenants of Company. Company represents and warrants to, and covenants with, Executive as ofthe Execution Date as follows: 7.1 No Claims Against Executive. Company, directly or indirectly, has not filed any charges, complaints, grievances, arbitrations, lawsuits, or claims against Executive, with any local, state or federal agency, union or court from the beginning of time to the Execution Date and that Company will not do so at any time hereafter, based upon events occurring prior to the Execution Date, not including any charges, compl ints, grievances, arbitrations, lawsuits, or claims against Executive arising out of or related to any Company Reserved Claims. In the event any arbitrator or court ever assumes jurisdiction of any lawsuit, claim, charge, grievance, arbitration, or complaint, or purports to bring, directly or indirectly, any legal proceeding on Company's behalf, Company will ask any such arbitrator or court to withdraw from and/or dismiss any such action, grievance, or arbitration, with prejudice, not including any lawsuit, claim, charge, grievance, arbitration, or complaint arising out of or related to the Company Reserved Claims. 7.2 Non-Assignment of Claims. Company, directly or indirectly, has not assigned or transferred, or purported to assign or transfer, by operation of law or otherwise, to any person, firm, corporation, partnership or other legal entity, any debt, claim, obligation, damage, liability, demand, or cause of action herein released. Company, directly or indirectly, shall not prosecute or maintain or institute any action or proceeding at law or in equity, of any kind or nature whatsoever against Executive or any other Executive Releasees for any reason related in any way to any claim released in this Agreement, and shall not raise any claim against Executive or any other Executive Releasees by way of defense, counterclaim or cross-claim or in any other manner, on any alleged claim released in this Agreement. 7.3
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Voluntary Signing. Executive acknowledges that this Agreement and all the terms hereof are fair, reasonable, and are not the result of any fraud, duress, coercion, pressure, or undue influence exercised by the Company and that Executive has approved and/or entered into this Agreement and all of the terms hereof, knowingly, freely and voluntarily.
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Voluntary Signing. Each of the parties to this Agreement has executed this Agreement without any duress or undue influence.
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Voluntary Signing. Executive acknowledges that this Agreement and all the terms hereof are fair, reasonable, and are not the result of any fraud, duress, coercion, pressure, or undue influence exercised by the Company and that Executive has approved and/or entered into this Agreement and all of the terms hereof, knowingly, freely and voluntarily. /s/ Xxxxxx Xxxxxx Xxxxxx Xxxxxx Dated: September 2, 2005 TEREX CORPORATION By: /s/ Xxxxxx X. XxXxx Dated: September 7, 2005 TEREX FINANCIAL SERVICES, INC. By: /s/ Xxxx X Xxxxx Xxxx X Xxxxx Vice President Dated: September 7, 2005
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Voluntary Signing. Company has executed this Agreement volunta t coercion, and with full knowledge of its significance, and with Company's tanding of its terms and conditions. As of the Execution Date, Company has pai and compensation, as well as reimbursement of expenses, due and owin ive, not including any unpaid accrued obligations or Severance Payments or o nts or benefits which may be due and owing hereunder. Representations of Parties. Each Party represents and warrants to the other Part : (i) this Agreement constitutes the legal, valid, and binding obligation of s enforceable against him or it in accordance with its terms, except as s ability may be limited by bankruptcy, insolvency, or other similar laws relatin cting creditors' rights generally, or by general equitable principles (regardles r such enforceability is considered in a proceeding in equity or at law); (ii) the P absolute and unrestricted right, power, authority, and capacity to execute this Agreement and to perform his or its obligations under this Agreement; the execution anddeliveryof this Agreementnor the consummation ance of any of the transactions contemplated by this Agreement will, directly ly (with or without notice or lapse of time) contravene, conflict with, or result n of (A) any provision of any agreement, contract, obligation, promise king (whether written or oral and whether express or implied) to which such P ty or by which his or its assets are bound or (B) any award, decision, injuncti nt, order, or ruling, in each case that is binding upon such Party or to which su a party; (iv) the Party will not be required to give any notice to or obtain l, consent, ratification, waiver or other authorization from any individ tion, general or limited partnership, limited liability company, trust, or other ent ection with the execution and delivery of this Agreement or the consummation ance of any of his or its respective covenants set forth in this Agreement, except nsents, if any, that shall have been obtained on or prior to the Execution Date. ndemnity. 9.1 If Executive breaches any of Executive's representations or warranties s 6 (Representations and Covenants of Executive), or 8 (Representations Executive shall defend, indemnify, and hold the Company and the other Compa es harmless from and against any and all claims, liabilities, losses, judgmen ons, damages, costs, expenses, and actions, incurred as a result of such brea g, without limitation, reasonable attorneys' and accountants' fees and cos...
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Voluntary Signing. In agreeing to sign this Agreement and separate from Company, Executive is doing so completely voluntarily and of his own free-will and without any encouragement or pressure from Company and agrees that in doing so he has not relied on any oral statements or explanations made by Company or its representatives.
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Related to Voluntary Signing

  • Voluntary Reduction The Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, without premium or penalty, (i) the entire Revolving Credit Commitment at any time or (ii) portions of the Revolving Credit Commitment, from time to time, in an aggregate principal amount not less than $3,000,000 or any whole multiple of $1,000,000 in excess thereof. Any reduction of the Revolving Credit Commitment shall be applied to the Revolving Credit Commitment of each Revolving Credit Lender according to its Revolving Credit Commitment Percentage. All Commitment Fees accrued until the effective date of any termination of the Revolving Credit Commitment shall be paid on the effective date of such termination.

  • Voluntary Reductions The Borrower shall have the right to terminate or permanently reduce the unused portion of the Revolving Committed Amount at any time or from time to time upon not less than five (5) Business Days’ prior written notice to the Administrative Agent (which shall notify the Lenders thereof as soon as practicable) of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction which shall be in a minimum amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and shall be irrevocable and effective upon receipt by the Administrative Agent; provided that no such reduction or termination shall be permitted if after giving effect thereto, and to any prepayments of the Revolving Loans made on the effective date thereof, the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations would exceed the Revolving Committed Amount then in effect.

  • Voluntary Termination or Reduction The Borrower may at any time terminate, or from time to time reduce, the Commitments; provided that (i) each reduction of the Commitments pursuant to this Section 2.06(b) shall be in an amount that is $5,000,000 or a larger multiple of $1,000,000 in excess thereof and (ii) the Borrower shall not terminate or reduce the Commitments if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.08, the total Revolving Credit Exposures would exceed the total Commitments.

  • Voluntary Assent You affirm that no other promises or agreements of any kind have been made to or with you by any person or entity whatsoever to cause you to sign this letter agreement, and that you fully understand the meaning and intent of this letter agreement. You state and represent that you have had an opportunity to fully discuss and review the terms of this letter agreement with an attorney. You further state and represent that you have carefully read this letter agreement, understand the contents herein, freely and voluntarily assent to all of the terms and conditions hereof and sign your name of your own free act.

  • Voluntary Termination or Reduction of Commitments The Company may, upon not less than five Business Days' prior notice to the Agents, terminate the Commitments, or permanently reduce the Commitments by an aggregate minimum amount of $100,000 or any multiple of $50,000 in excess thereof; unless, after giving effect thereto and to any prepayments of Loans made on the effective date thereof, the then-outstanding principal amount of the Loans would exceed the amount of the combined Commitments then in effect. Once reduced in accordance with this Section, the Commitments may not be increased. Any reduction of the Commitments shall be applied to each Bank according to its Pro Rata Share. All accrued commitment fees to, but not including the effective date of any reduction or termination of Commitments, shall be paid on the effective date of such reduction or termination.

  • Voluntary Reduction of Commitment Borrower shall have the right, at any time and from time to time, without penalty or charge, upon at least five (5) Banking Days’ prior written notice by a Responsible Official of Borrower to the Administrative Agent, voluntarily to reduce, permanently and irrevocably, in aggregate principal amounts in an integral multiple of $1,000,000 but not less than $10,000,000, or to terminate, all or a portion of the then undisbursed portion of the Commitment. The Administrative Agent shall promptly notify the Lenders of any reduction or termination of the Commitment under this Section.

  • Voluntary Commitment Reductions (i) Borrower may, upon not less than three Business Days’ prior written or telephonic notice promptly confirmed by delivery of written notice thereof to Administrative Agent (which original written or telephonic notice Administrative Agent will promptly transmit by telefacsimile or telephone to each applicable Lender), at any time and from time to time terminate in whole or permanently reduce in part, without premium or penalty, the Revolving Commitments in an amount up to the amount by which the Revolving Commitments exceed the Total Utilization of Revolving Commitments at the time of such proposed termination or reduction; provided that any such partial reduction of the Revolving Commitments shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount.

  • Notice of Voluntary Termination or Reduction The Borrower shall notify the Administrative Agent of any election to terminate or reduce the Commitments under paragraph (b) of this Section at least three Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the applicable Lenders of the contents thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination of the Commitments of a Class delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied.

  • Termination of Participation If the Administrator determines in good faith that the Executive no longer qualifies as a member of a select group of management or highly compensated employees, as determined in accordance with ERISA, the Administrator shall have the right, in its sole discretion, to cease further benefit accruals hereunder.

  • Voluntary Termination by the Executive Notwithstanding anything in this Agreement to the contrary, the Executive may, upon not less than thirty (30) days' written notice to the Company, voluntarily terminate employment for any reason (including retirement under the terms of the Company's retirement plan as in effect from time to time).

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