SEC Filings
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| 10-K/A | |||||||||||||
| HRG GROUP, INC. filed this Form 10-K/A on 01/27/2017 | |||||||||||||
| Entire Document | |||||||||||||
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contract, fraud, libel or slander, or on any other common law basis; and (vi)for damages, including punitive or compensatory damages, or for attorneys’ fees, expenses, costs, wages, injunctive or equitable relief. (c)Notwithstanding any provision of the foregoing to the contrary, Executive is not waiving or releasing: (i)any claims for indemnification pursuant to the Employment Agreement, any indemnification agreement or any applicable law; (ii)any claims for vested benefits pursuant to the terms of the employee benefit plans in which Executive was a participant before the Designated Date; (iii)any claims with respect to stock options or restricted stock that were awarded to Executive on or before the Designated Date; (iv)any claims for payment of any bonuses and other payments, set forth in Section 3(a)(i)-(v) and Section 3(c) of this Agreement; (vi) any claims which arise after the Initial Release Date and the Final Release (as applicable); and (vii) any right under or claims to enforce any provision of this Agreement or the Employment Agreement to the extent applicable as described in Section 8 of this Agreement.
Executive Releasor expressly understands and acknowledges that it is possible that unknown losses or claims exist or that present losses may have been underestimated in amount or severity, and Executive Releasor explicitly took that into account in determining the amount of consideration to be paid for the giving of the releases described in Section 4 of this Agreement, and a portion of said consideration and the mutual covenants contained herein, having been bargained for between the Parties with the knowledge of the possibility of such unknown claims, were given in exchange for a full satisfaction and discharge of all such claims.
The Company, for and on behalf of itself and its successors and assigns, to the maximum extent permitted by law, hereby acknowledges full and complete satisfaction of and absolutely and irrevocably and unconditionally fully and forever releases, acquits and discharges Executive, his heirs, successors, and assigns, from any and all claims, demands, suits, causes of action, liabilities, obligations, judgments, orders, debts, liens, contracts, agreements, covenants and causes of action of every kind and nature, whether known or unknown, suspected or unsuspected, concealed or hidden, vested or contingent, in law or equity, existing by statute, common law, contract or otherwise, which have existed, may exist or do exist, through and including the execution and delivery by the Company of this Agreement (but not including the Company’s rights and entitlements under this Agreement); provided, however, that such release does not waive, release, or otherwise discharge any other claim or cause of action that cannot legally be waived including, but not limited to, any acts of fraud or criminal misconduct.
By executing this Agreement, Executive agrees and acknowledges that: (a)Executive understands all of the terms of this Agreement, and such terms are fair and reasonable, and are not the result of any fraud, duress, coercion, pressure or undue influence exercised by or on behalf of any Company Releasee; (b)Executive has been provided twenty one (21) days to review, consider, and sign this Agreement. Immediately upon the expiration of the twenty one (21) day period, this Agreement shall become null and void if Executive has not signed this Agreement and returned it to the Company by such date. (c)Executive has been informed that Executive has a period of seven (7) calendar days after the date of delivery of a signed Agreement to the Company (at 450 Park Avenue, 29th Floor, New York, NY 10022, Attention: General Counsel) in which Executive may revoke this Agreement (the “Revocation Period” and the date on which such Revocation Period expires, the “Initial Release Date”), and that revocation must be made by delivery of written notice of revocation to the Company at 450 Park Avenue, 29th Floor, New York, NY 10022 Attention: General Counsel prior to the end of the Revocation Period; (d)Executive has been directed by the Company to consult with an attorney of Executive’s choice before signing this Agreement; (e)Executive is not relying on any representation or statement made or contained outside of those set forth in this Agreement and Executive expressly disclaims reliance on any such representation or statement; and (f)Executive has agreed to and entered into this Agreement and all of the terms hereof, knowingly, freely and voluntarily. 5 | |||||||||||||
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