Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns.
Appears in 6 contracts
Samples: Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive's legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by the Executive. This Agreement may not be assigned by the Company except in connection with a merger or a sale by the Company of all or substantially all of its assets and then only provided the assignee specifically assumes in writing all of the Company's obligations hereunder.
Appears in 6 contracts
Samples: Employment Agreement (Nathans Famous Inc), Employment Agreement (Nathans Famous Inc), Merger Agreement (Nathans Famous Inc)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive's legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by Executive. This Agreement may not be assigned by the Company except in connection with a merger or a sale by the Company of all or substantially all of its assets, and then only provided that the assignee specifically assumes in writing all of the Company's obligations hereunder.
Appears in 5 contracts
Samples: Employment Agreement (24/7 Real Media Inc), Employment Agreement (24/7 Media Inc), Employment Agreement (24/7 Media Inc)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by you without the Company to an acquiror of all or substantially all written consent of the assets Board of Directors of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns.
Appears in 4 contracts
Samples: Employment Agreement (C&d Technologies Inc), Employment Agreement (Charter Power Systems Inc), Employment Agreement (C&d Technologies Inc)
Assignability; Binding Effect. This Agreement shall is binding upon, and inures to the benefit of, the Executive; the obligations of the Executive hereunder are personal and this Agreement may not be assignable by either party, except that it may be assigned by the Executive. This Agreement is binding upon, and inures to the benefit of, the Company and shall also bind and inure to an acquiror the benefit of any successor of the Company by merger or consolidation or any assignee of all or substantially all of the assets of the Company its properties, but, except to any such successor or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment assignor of the Company, its successors and assignsthis Agreement may not be assigned by the Company.
Appears in 3 contracts
Samples: Transition and Consulting Agreement, Transition and Consulting Agreement (Harte Hanks Inc), Transition and Consulting Agreement (Harte Hanks Inc)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive's legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by the Executive. This Agreement may not be assigned by the Company, except in connection with a merger or a sale by the Company of all or substantially all of its assets and, in such event, only on the condition that the assignee specifically assumes in writing all of the Company's obligations under this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/), Executive Retention Agreement (Cylink Corp /Ca/)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Employee and Employee’s legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by the Employee. This Agreement may not be assigned by the Company except in connection with a merger or a sale by the Company of all or substantially all of its assets and then only provided the assignee specifically assumes in writing all of the Company's obligations hereunder.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Nu Horizons Electronics Corp), Change in Control Severance Agreement (Nu Horizons Electronics Corp)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive’s legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by the Executive. This Agreement may not be assigned by the Company except in connection with a merger or a sale by the Company of all or substantially all of its assets and then only provided the assignee specifically assumes in writing all of the Company's obligations hereunder.
Appears in 1 contract
Samples: Employment Agreement (Nu Horizons Electronics Corp)
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive's legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may Contract of Employment William P. Crowell Rexxxxxx Xxxxxxxxx 0, 2001 not be assigned by the Executive. This Agreement may not be assigned by the Company, except in connection with a merger or a sale by the Company of all or substantially all of its assets and, in such event, only on the condition that the assignee specifically assumes in writing all of the Company's obligations under this Agreement.
Appears in 1 contract
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunder. This Agreement shall be binding upon and inure to the benefit of you, your Executive and Executive's legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns. This Agreement may not be assigned by the Executive. This Agreement may not be assigned by the Company, except in connection with a merger or a sale by the Company of all or substantially all of its assets and then only provided the assignee specifically assumes in writing all of the Company's obligations hereunder.
Appears in 1 contract
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may be assigned by the Company to an acquiror of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change of Control as provided in Exhibit A and your other rights hereunderEmployee. This Agreement shall be binding upon and inure to the benefit of youEmployee, your his legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment of the Company, its successors and assigns.
Appears in 1 contract
Assignability; Binding Effect. This Agreement shall not be assignable by either party, except that it may the Executive. This Agreement shall be assigned assignable by the Company to an acquiror only in connection with a sale or other transfer of all or substantially all of the assets of the Company or other successor to the Company, subject to your rights arising from a Change portion of Control as provided in Exhibit A and your other rights hereundersuch assets of the Company with which the Executive is primarily employed. This Agreement shall be binding upon and inure to the benefit of you, your legal representatives, heirs and distributees, and shall be binding upon and inure to the benefit and detriment be binding upon the personal or legal representatives, executors, administrator, successors, heirs, distributees, devisees, legatees and permitted assignees of the Company, its successors and assignsparties hereto.
Appears in 1 contract