SEC Filings

8-K
VIRTU KCG HOLDINGS LLC filed this Form 8-K on 07/24/2017
Entire Document
 

 

regulation 18 of the Transfer of Undertakings (Protection of Employment Regulations) 2006, section 147 of the Equality Act 2010 and regulation 16 of the Agency Workers Regulations 2010, are intended to be and have been satisfied.

 

16.                               WARRANTIES

 

You warrant and undertake that:

 

16.1.                     having taken independent advice, You have previously notified to the Company in writing any and all potential claims of any nature that You have or may have against the Company or any Associated Company and that You have no complaints or grounds for any claim whatsoever against the Company in relation to the Identified Issues, including, without limitation, the Alleged Claims and You are not aware of any claims or any facts which could give rise to any claim which is not being settled by this Agreement.

 

16.2.                     You have not and will not commence any legal or arbitration proceedings of any nature against the Company or any Associated Company in any jurisdiction in relation to your employment with the Company or any Associated Company, the termination of such employment, or otherwise, nor will You accept the benefit of any lawsuits or claims of any kind brought on your behalf against the Company or any Associated Company.

 

16.3.                     You have not committed any breach of duty (including fiduciary duty) owed to the Company or any Associated Company.  For the avoidance of doubt, this Agreement shall not have the effect of releasing You from any liability owed to the Company or any Associated Company, whether as an officer or employee.

 

16.4.                     You have not done or omitted to do any act which:

 

16.4.1.                              had the Company been aware of it, would have entitled the Company to dismiss You summarily without notice or compensation or affected its willingness to enter into this Agreement;

 

16.4.2.                              had it been done after the date of this Agreement would be in breach of this Agreement.

 

16.5.                     You have not received or accepted any offer of, or commenced, any Work.

 

16.6.                     You have not and will not make a subject access request to the Company and/or any Associated Company and that You have not and will not make any claims or complaints about the Company or any Associated Company under the Data Protection Act 1998.  You further relinquishes and agrees not to pursue any subject access request outstanding as at the date of this Agreement and/or any claims or complaints about the Company or any Associated Company under the Data Protection Act 1998 and/or requests and/or claims or complaints shall be deemed to have been withdrawn by You as at the date of this Agreement.

 

16.7.                     You have made a full and frank disclosure to the Company of all matters which might reasonably affect the willingness of the Company to enter into this Agreement.

 

17.                               RELIANCE ON WARRANTIES, ETC.

 

17.1.                     You accept that the Company (for itself and on behalf of its Associated Companies) is entering into this Agreement in reliance upon the warranties provided by You in this Agreement.

 

17.2.                     You acknowledge that the Company is relying on clauses 14, 15, and 16 in deciding to enter into this Agreement.  If You breach any of these provisions and a judgment or