Common use of Assignment and Succession Clause in Contracts

Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this Employment Agreement are personal to the Employee and shall not be assignable or transferrable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder. (b) This Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, and administrators. If the Employer shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Employer, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Employment Agreement in the same manner that the Employer would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b) shall continue to apply to each subsequent employer of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employer.

Appears in 4 contracts

Samples: Employment Agreement (Dycom Industries Inc), Merger Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)

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Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this the Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this the Employment Agreement are personal to the Employee and shall not be assignable or transferrabletransferable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this the Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder. (b) This The Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer Company and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, and administrators. If the Employer Company shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Employer, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this the Employment Agreement in the same manner that the Employer Company would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b) shall continue to apply to each subsequent employer Company of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employerCompany.

Appears in 3 contracts

Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)

Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this Employment Agreement are personal to the Employee and shall not be assignable or transferrabletransferable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder. (b) This Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, executors and administrators. If the Employer shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Employer, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Employment Agreement in the same manner that the Employer would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b7(b) shall continue to apply to each subsequent employer of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employeremployer or otherwise.

Appears in 2 contracts

Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)

Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this Employment Agreement are personal to the Employee and shall not be assignable or transferrable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder. (b) This Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, and administrators. If the Employer shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Employer, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Employment Agreement in the same manner that the Employer would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b7(b) shall continue to apply to each subsequent employer of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employeremployer or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Dycom Industries Inc)

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Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this Employment Agreement are personal to the Employee and shall not be assignable or transferrable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder.. In such event, Employee shall have the right to terminate this Employment Agreement and Employer and Dycom shall pay to Employee his total compensation for a minimum of three (3) years of this Agreement without limitation including all benefits and perquisites. 6 (b) This Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer Employer, Dycom and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, and administrators. If the Employer or Dycom shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer and Dycom will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the EmployerEmployer or Dycom, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Employment Agreement in the same manner that the Employer would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b) shall continue to apply to each subsequent employer of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employer.

Appears in 1 contract

Samples: Employment Agreement (Dycom Industries Inc)

Assignment and Succession. (a) The services to be rendered and obligations to be performed by the Employee under this Employment Agreement are special and unique, and all such services and obligations and all of the Employee's rights under this Employment Agreement are personal to the Employee and shall not be assignable or transferrable. In the event of the Employee's death, however, the Employee's personal representative shall be entitled to receive any and all payments then due under this Employment Agreement. The Employer may assign this Employment Agreement to any subsidiary of the Employer or in connection with any merger or consolidation involving the Employer or a sale of substantially all of the assets of the Employer, as the case may be, provided that such successor shall assume (by contract or operation of law) all of the Employer's obligations hereunder.. In such event, Employee shall have the right to terminate this Employment Agreement and Employer and Dycom shall pay to Employee his total compensation for a minimum of the first three (3) years of this Agreement without limitation including all benefits and perquisites. 6 (b) This Employment Agreement shall inure to the benefit of and be binding upon and enforceable by the Employer Employer, Dycom and the Employee and their respective successors, permitted assigns, heirs, legal representatives, executors, and administrators. If the Employer or Dycom shall be merged into or consolidated with another entity, the provisions of the Employment Agreement shall be binding upon and inure to the benefit of the entity surviving such merger or resulting from such consolidation. The Employer and Dycom will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the EmployerEmployer or Dycom, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Employment Agreement in the same manner that the Employer would be required to perform it if no such succession had taken place. The provisions of this paragraph 6(b) shall continue to apply to each subsequent employer of the Employee hereunder in the event of any subsequent merger, consolidation, or transfer of assets of such subsequent employer.

Appears in 1 contract

Samples: Employment Agreement (Dycom Industries Inc)

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