Xxxxxxx’x Representation. Nothing in this procedure shall affect the normal communications between the principal and the grievant in the discussion of problems which may exist. Any problem or potential problem will first be discussed by the grievant with the building principal in order to arrive at a mutually satisfactory solution to the complaint. At such meeting, the grievant may choose to be represented by the Association.
Xxxxxxx’x Representation. Where a meeting is scheduled to issue a disciplinary written warning, suspension or discharge, the part-time employee shall have a Xxxxxxx present.
Xxxxxxx’x Representation. A Xxxxxxx shall be present at any disciplinary meeting regarding verbal, written warnings, sus- pensions and discharges or any other meeting that could lead to discipline including security investigations.
Xxxxxxx’x Representation. Mx. Xxxxxxx represents, warrants and agrees that he has not filed any claims, appeals, complaints, charges or lawsuits against Mitcham, its subsidiary companies or their respective owners, directors, officers, employees, agents and representatives (such entities and individuals being collectively, including Mitcham, the “Mitcham Parties”) with any governmental agency or court and that he will not file or accept benefit from any claim, complaint or petition filed with any court by him or on his behalf at any time hereafter as to those claims released herein; provided, however, this shall not limit Mx. Xxxxxxx from filing an action for the sole purpose of enforcing his rights under this Agreement. Further, Mx. Xxxxxxx represents and warrants that to his actual knowledge (without any inquiry or investigation), except as disclosed on Schedule 1 hereto, (i) no other person or entity has any interest or assignment in claims or causes of action, if any, he may have against any Mitcham Party and which he now releases in their entirety; that he has knowledge (ii) there has been no act, event, or omission by any Mitcham Party which is unlawful or violates any governmental rule or regulation or any rule or regulation of any stock exchange (including the NASDAQ stock market), (iii) he has not committed, during his employment with Mitcham or any Mitcham subsidiary, any act which is unlawful or which violates any governmental rule or regulation or any rule or regulation of any stock exchange (including the NASDAQ stock market), (iv) he has not been requested by or requested any Mitcham Party to commit any unlawful act or violate any governmental rule or regulation or any rule or regulation of any stock exchange (including the NASDAQ stock market), (v) neither he nor any other person employed by or contracting with any Mitcham Party has been subjected to any adverse action because any such person refused to commit any unlawful act or violate any governmental rule or regulation or any rule or regulation of any stock exchange (including the NASDAQ stock market), (vi) the books and records of Mitcham are accurate and fairly reflect the financial condition of Mitcham, and (vii) the financial statements of Mitcham have been prepared in conformity with accounting principles generally accepted in the United States. Mx. Xxxxxxx further represents and warrants that during the course of his employment with Mitcham that he has made no misrepresentation to Mitcham regarding the perf...
Xxxxxxx’x Representation. Xxxxxxx represents that, during the entire period that he was an employee, officer or director of the Company or the Bank or any of their affiliates, he acted in good faith, had no reasonable cause to believe that his conduct was unlawful, and reasonably believed that his conduct was in the best interests of the Company and the Bank and their affiliates.
Xxxxxxx’x Representation. Xxxxxxx represents, warrants, and agrees that he has not filed any claims, appeals, complaints, charges, or lawsuits against any of the Xxxxxxx'x Entities or their respective employees, officers, directors, shareholders, agents, and representatives (collectively, including the Xxxxxxx'x Entities, the "Xxxxxxx'x Parties") with any governmental agency or court and that he will not file or permit to be filed or accept benefit from any such claim, complaint, or petition filed with any court by him or on his behalf at any time hereafter; provided, however, this shall not limit Xxxxxxx from benefiting as a class member in Xxxxx X. Xxxx and Xxxxxx X. Xxxxx x. Xxxxxxxx Food Markets, Inc., et al. and this shall not limit Xxxxxxx from filing an action for the sole purpose of enforcing his rights under this Agreement and Release or under the E and C Agreement, and provided further, this paragraph 6 shall not limit Xxxxxxx from filing an action for the sole purpose of enforcing his rights pursuant to any plan maintained by Xxxxxxx'x which is subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Xxxxxxx represents and warrants that no other person or entity has any interest or assignment of any claims or causes of action, if any, he may have against any Xxxxxxx'x Party and which, except as provided herein, he now releases in their entirety.
Xxxxxxx’x Representation x. Xxxxxxx is the beneficial and registered owner of the shares and has good and marketable title to all of the shares’ interest
b. The shares are clear of all mortgages, liens, pledges, charges, claims, leases, restrictions or encumbrances of any nature whatsoever, and subject to no restrictions with respect to transferability other than applicable United States Securities and Exchange Commission Rule 144 restrictions
x. Xxxxxxx has not given a power of attorney, in respect to the shares, which is currently in effect, to any person, firm or corporation for any purpose whatsoever;
x. Xxxxxx has not entered into any other agreement or granted any option to sell or otherwise transfer any of the shares;
e. There are no outstanding orders, judgments, injunctions, awards or decrees of any court, arbitrator or governmental or regulatory body involving the shares
