Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but may be assigned by the Company to any successor to its business and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representatives.
Appears in 19 contracts
Samples: Performance Vested Restricted Share Agreement (CubeSmart, L.P.), Nonqualified Share Option Agreement (CubeSmart, L.P.), Restricted Share Agreement (CubeSmart, L.P.)
Assignment; Binding Effect. This Agreement may shall not be assigned assignable by the Executive, but may it shall be assigned by the Company to any successor to its business binding upon, and will shall inure to the benefit of of, his heirs, executors, administrators, and legal representatives. This Agreement shall be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind Company and inure to the benefit of the Company and its respective successorssuccessors and permitted assigns. This Agreement may only be assigned by the Company to an entity controlling, assignscontrolled by, heirsor under common control with the Company; provided, and personal representativeshowever, that no such assignment shall relieve the Company of any of its obligations hereunder.
Appears in 13 contracts
Samples: Employment Agreement (Ryman Hospitality Properties, Inc.), Employment Agreement (Ryman Hospitality Properties, Inc.), Employment Agreement (Gaylord Entertainment Co /De)
Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but may be assigned by the Company to any successor to its business or to any subsidiary or Affiliate of the Company and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representatives.
Appears in 13 contracts
Samples: Noncompetition Agreement (Republic Property Trust), Noncompetition Agreement (Kite Realty Group Trust), Noncompetition Agreement (Kite Realty Group Trust)
Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but may be assigned by the Company to any successor to its business and will inure to the benefit of and be . This Agreement is binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the Parties hereto and their respective successors, assigns, heirspersonal representatives, officers, directors, agents, attorneys, parents, subsidiaries, partners, principals, and personal representativesaffiliates.
Appears in 11 contracts
Samples: Executive Employment Agreement (Addvantage Technologies Group Inc), Executive Employment Agreement (Addvantage Technologies Group Inc), Executive Employment Agreement (Addvantage Technologies Group Inc)
Assignment; Binding Effect. This Agreement may not be assigned by Executive without the Executive, but may be assigned by prior written consent of the Company to any successor to its business and will Company. This Agreement shall inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the their respective successors, permitted successors and assigns, heirs, and personal representatives.
Appears in 7 contracts
Samples: Incentive Agreement (Dataram Corp), Change in Control Bonus Agreement (Veramark Technologies Inc), Change in Control Bonus Agreement (Veramark Technologies Inc)
Assignment; Binding Effect. This Agreement may shall not be assigned assignable by the Executive, but may it shall be assigned by the Company to any successor to its business binding upon, and will shall inure to the benefit of of, his heirs, executors, administrators, and legal representatives. This Agreement shall be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind Company and inure to the benefit of the Company and its respective successorssuccessors and permitted assigns. This Agreement may only be assigned by the Company to an entity controlling, assignscontrolled by, heirs, and personal representativesor under common control with the Company; provided that no such assignment shall relieve the Company of its obligations hereunder.
Appears in 6 contracts
Samples: Employment Agreement (Resortquest International Inc), Employment Agreement (Resortquest International Inc), Employment Agreement (Resortquest International Inc)
Assignment; Binding Effect. This Agreement may not is only assignable by Company (provided that no such assignment will relieve Company of its obligations under this Agreement to Executive). This Agreement shall be assigned by binding upon and inure to the benefit of each Party and its or his successors and assigns and, with respect to Executive, but may be assigned by his spouse, heirs, legatees, executors, administrators, and representatives, and, with respect to the Company to any successor to its business releases and waivers made herein, will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representativesReleased Parties.
Appears in 4 contracts
Samples: Waiver and Release Agreement (Molina Healthcare Inc), Waiver and Release Agreement (Molina Healthcare Inc), Waiver and Release Agreement (Molina Healthcare Inc)
Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but may be assigned . Rights and assignments granted by the Executive in this Agreement are assignable by the Company to any successor to its business and will are for the benefit of the successors and assigns of the Company. This Agreement shall be binding upon, and inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement enforceable by or on behalf of any of the parties hereto shall bind and inure to the benefit of the their respective successorslegal representatives, successors and assigns, heirs, and personal representatives.
Appears in 3 contracts
Samples: Executive Non Competition, Non Solicitation and Developments Agreement (Ascential Software Corp), Executive Non Competition, Non Solicitation and Developments Agreement (Ascential Software Corp), Executive Non Competition, Non Solicitation and Developments Agreement (Mercator Software Inc)
Assignment; Binding Effect. This Agreement may not be assigned by the ExecutiveChairman, but may be assigned by the Company to any successor to its business or to any subsidiary or affiliate of the Company and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representatives.
Appears in 2 contracts
Samples: Noncompetition Agreement (Republic Property Trust), Noncompetition Agreement (Republic Property Trust)
Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but may be assigned by the Company Company, the GP and the OP to any successor to its business and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representatives.
Appears in 2 contracts
Samples: Non Competition Agreement (QTS Realty Trust, Inc.), Non Competition Agreement (QTS Realty Trust, Inc.)
Assignment; Binding Effect. This Agreement may not be assigned by the ExecutiveTrustee, but may be assigned by the Company to any successor to its business and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assigns, heirs, and personal representatives.
Appears in 2 contracts
Samples: Noncompetition Agreement (U-Store-It Trust), Noncompetition Agreement (U-Store-It Trust)
Assignment; Binding Effect. This Agreement may not shall be assigned by the Executive, but may be assigned by the Company to any successor to its business binding upon and will inure to the benefit of Executive and his heirs, executors, personal representatives, assigns, administrators and legal representatives. Because of the unique and personal nature of Executive’s duties under this Agreement, neither this Agreement nor any rights or obligations under this Agreement shall be assignable by Executive. This Agreement shall be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective Company and its successors, assigns, heirs, assigns and personal legal representatives.
Appears in 1 contract
Assignment; Binding Effect. This Agreement 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 assigned by the Executive. This Agreement is binding upon, but may be assigned by the Company to any successor to its business and will inure inures to the benefit of of, the Company and be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall also bind and inure to the benefit of any successor of the respective successorsCompany by merger or consolidation or any assignee of all or substantially all of its properties, assignsbut, heirsexcept to any such successor or assignor of the Company, and personal representativesthis Agreement may not be assigned by the Company.
Appears in 1 contract
Assignment; Binding Effect. This Agreement may not be assigned is assignable only by the Companies (provided that no such assignment will relieve the Companies of their obligations under this Agreement to Executive), will inure to the benefit of the Companies’ assigns and to the Releasees, and is binding on the Parties, their representatives, agents and assigns, and as to Executive, but may be assigned by the Company to any successor to its business his spouse, heirs, legatees, administrators, and personal representatives, and will inure to the benefit of and be binding upon any such successor. Subject to the foregoing provisions restricting assignmentExecutive’s spouse, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successors, assignsestate, heirs, legatees, administrators, and personal representatives.
Appears in 1 contract
Assignment; Binding Effect. This Agreement may not be assigned by the Executive, but . This Agreement may be assigned by the Company to any successor to its business and will inure to Company, in whole or in part, without the benefit consent of and the Executive. This Agreement shall be binding upon any such successor. Subject to the foregoing provisions restricting assignment, all covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective successorsparties, assigns, their heirs, and personal representatives, successors and permitted assigns.
Appears in 1 contract
Samples: Non Competition, Non Disclosure and Non Solicitation Agreement (Federated National Holding Co)