Common use of Assignment and Change of Control Clause in Contracts

Assignment and Change of Control. (a) Executive shall not assign his rights or delegate the performance of these obligations hereunder without the prior written consent of the Company. Subject to the provisions of the preceding sentence, all the terms of this Employment Agreement shall be binding upon and shall inure to the benefit of the parties and their legal representatives, heirs, successors and assigns. (b) Upon a "Change of Control", the Company may assign this Employment Agreement. For this purpose, a "Change of Control" shall mean a sale of substantially all of the assets of the Company. Upon the occurrence of a Change of Control, the Company will pay Executive all remaining payments due Executive under Section 3 hereof and any payments that would be due to Executive under the expiration of this agreement. If no agreement exists that would become effective at the expiration of this agreement, then Executive will receive equivalent of six (6) months of his annual salary at the expiration of this agreement by reason of a Change of Control. In addition, Executive will not be bound by the provisions of Section 6(f) by reason of a Change of Control.

Appears in 3 contracts

Samples: Employment Agreement (Majestic Star Casino LLC), Employment Agreement (Majestic Investor Capital Corp), Employment Agreement (Majestic Star Casino LLC)

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Assignment and Change of Control. (a) Executive shall not assign his rights or delegate the performance of these obligations hereunder without the prior written consent of the Company. Subject to the provisions of the preceding sentence, all the terms of this Employment Agreement shall be binding upon and shall inure to the benefit of the parties and their legal representatives, heirs, successors and assigns. (b) Upon a "Change of Control", the Company may assign this Employment Agreement. For this purpose, a "Change of Control" shall mean a sale of substantially all of the assets of the Company. Upon the occurrence of a Change of Control, the Company will pay Executive Employee all remaining payments due Executive under Company would have been obligated to make pursuant to Section 3 hereof and any payments hereof, based upon a termination date that would be due to Executive under the expiration of this agreement. If no agreement exists that would become effective at the expiration of this agreement, then Executive will receive equivalent of six is twelve (612) months after the date on which the period of his annual salary at the expiration of this agreement by reason of a Change of Control. In addition, Executive will not be bound by the provisions of Section 6(f) employment would have expired but for such termination by reason of a Change of Control.

Appears in 1 contract

Samples: Employment Agreement (Majestic Star Casino LLC)

Assignment and Change of Control. (a) Executive shall not assign his rights or delegate the performance of these obligations hereunder without the prior written consent of the Company. Subject to the provisions of the preceding sentence, all the terms of this Employment Agreement shall be binding upon and shall inure to the benefit of the parties and their legal representatives, heirs, successors and assigns. (b) Upon a "Change of Control", " the Company may assign this Employment Agreement. For this purpose, a "Change of Control" shall mean a sale of substantially all of the assets of the Company. Upon the occurrence of a Change of Control, the Company will Will pay Executive Employee all remaining payments due Executive under Company would have been obligated to make pursuant to Section 3 hereof and any payments hereof, based upon a termination date that would be due to Executive under the expiration of this agreement. If no agreement exists that would become effective at the expiration of this agreement, then Executive will receive equivalent of is six (6) months after the date on which the period of his annual salary at the expiration of this agreement by reason of a Change of Control. In addition, Executive will not be bound by the provisions of Section 6(f) employment would have expired but for such termination by reason of a Change of Control.

Appears in 1 contract

Samples: Employment Agreement (Majestic Star Casino LLC)

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Assignment and Change of Control. (a) Executive shall not assign his rights or delegate the performance of these obligations hereunder without the prior written consent of the Company. Subject to the provisions of the preceding sentence, all the terms of this Employment Agreement shall be binding upon and shall inure to the benefit of the parties and their legal representatives, heirs, successors and assigns. (b) Upon a "Change of Control", the Company may assign this Employment Agreement. For this purpose, a "Change of Control" shall mean a sale of substantially all of the assets of the Company. Upon the occurrence of a Change of Control, the Company will pay Executive Employee all remaining payments due Executive under Company would have been obligated to make pursuant to Section 3 hereof and any payments hereof, based upon a termination date that would be due to Executive under the expiration of this agreement. If no agreement exists that would become effective at the expiration of this agreement, then Executive will receive equivalent of is six (6) months after the date on which the period of his annual salary at the expiration of this agreement by reason of a Change of Control. In addition, Executive will not be bound by the provisions of Section 6(f) employment would have expired but for such termination by reason of a Change of Control.

Appears in 1 contract

Samples: Employment Agreement (Majestic Star Casino LLC)

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