executed original thereof.
You acknowledge that no representations, oral or written, have been made other
than those expressly set forth herein, and that you have not relied on any other
representations in executing this Agreement and Release. This Agreement and
Release may be modified only in a document signed by the parties and referring
specifically hereto. This Agreement and Release will be governed by and
construed in accordance with the laws of the State of New York (without regard
to its conflict of laws principles), and you hereby agree that the exclusive
jurisdiction for any dispute arising hereunder will be in the courts located in
the State of New York, County of New York.
This Agreement and Release is duly authorized by the Company. If you have any
questions, please contact us.
Sincerely yours,
AMERITRANS CAPITAL CORPORATION
By:
/s/ Michael Feinsod
Name:
Michael Feinsod
Title:
President and Chief Executive Officer
ELK ASSOCIATES FUNDING CORPORATION
By:
/s/ Michael Feinsod
Name:
Michael Feinsod
Title:
President
ACKNOWLEDGEMENT
I AGREE TO THE TERMS AND CONDITIONS SPECIFIED IN THIS AGREEMENT AND RELEASE AND
I INTEND TO WAIVE AND RELEASE ALL CLAIMS (OTHER THAN CLAIMS FOR INDEMNIFICATION
AND FOR VIOLATION OF THIS AGREEMENT AND RELEASE (COLLECTIVELY, "RETAINED
CLAIMS")) THAT I MAY HAVE AGAINST THE COMPANY AND ANY COMPANY ENTITIES &
OFFICIALS. I UNDERSTAND THAT THIS WAIVER AND RELEASE CREATES A TOTAL AND
UNLIMITED RELEASE OF ALL CLAIMS (OTHER THAN THE RETAINED CLAIMS), WHETHER KNOWN
OR UNKNOWN, EXISTING AS OF THIS DATE, THAT I MAY HAVE AGAINST THE COMPANY AND
ANY COMPANY ENTITIES & OFFICIALS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
I HAVE HAD AMPLE TIME TO REVIEW THIS AGREEMENT AND TO CONSIDER MY GENERAL
RELEASE OF ALL CLAIMS AS SET FORTH IN THIS AGREEMENT AND RELEASE.
I AM SIGNING
THIS AGREEMENT AND RELEASE KNOWINGLY, VOLUNTARILY AND WITH FULL UNDERSTANDING OF
ITS TERMS AND EFFECTS.
I UNDERSTAND THAT I CAN TAKE AT LEAST TWENTY-ONE (21)
DAYS FROM RECEIPT OF THIS AGREEMENT AND RELEASE TO DETERMINE WHETHER I WISH TO
SIGN IT, THAT I HAVE BEEN ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING
IT, AND THAT I HAVE SEVEN (7) DAYS FROM THE DATE I SIGN THIS AGREEMENT AND
RELEASE TO REVOKE IT.
I ACKNOWLEDGE THAT I HAVE NOT RELIED ON ANY REPRESENTATIONS OR STATEMENTS NOT
SET FORTH HEREIN. I WILL NOT DISCLOSE THIS AGREEMENT AND RELEASE TO ANYONE
EXCEPT THAT I MAY DISCLOSE IT (I) TO MY IMMEDIATE FAMILY AND ANY TAX, LEGAL OR
OTHER COUNSEL THAT I HAVE CONSULTED REGARDING THE MEANING OR EFFECT OF THIS
AGREEMENT, (II) AS REQUIRED BY LAW, (III) TO ANY GOVERNMENT TAX AGENCY, (IV) IN
ANY LEGAL PROCEEDING BY EITHER PARTY ALLEGING A BREACH OF THIS AGREEMENT AND
RELEASE OR (V) IN SUCH INSTANCES WHERE IT IS NECESSARY FOR ME TO DISCLOSE TO ANY
THIRD PARTY THAT I AM NO LONGER AN OFFICER OF THE COMPANY.
Margaret Chance
STATE OF NEW YORK )
COUNTY OF NEW YORK )
On this ____ day of _________, 2011, before