Acquisition of the Company. Immediately prior to the acquisition of substantially all of the business and assets of the Company by an unaffiliated third party (as determined by the Board), whether by merger, sale of outstanding stock or of the Company's assets, or otherwise, where no express provision is made for the assignment and continuation of the Company's rights hereunder by a new or successor corporation.
Appears in 4 contracts
Samples: Employment Agreement (Smartdisk Corp), Director Non Qualified Stock Option Agreement (Portola Packaging Inc), Employment Agreement (Smartdisk Corp)
