Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
Appears in 25 contracts
Samples: Employment Agreement (Travere Therapeutics, Inc.), Employment Agreement (Travere Therapeutics, Inc.), Employment Agreement (Retrophin, Inc.)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
Appears in 14 contracts
Samples: Employment Agreement (Digital Realty Trust, L.P.), Employment Agreement (Digital Realty Trust, L.P.), Employment Agreement (Digital Realty Trust, L.P.)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place; provided, however, that no such assumption shall relieve the Company of its obligations hereunder.
Appears in 8 contracts
Samples: Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place; provided , however , that no such assumption shall relieve the Company of its obligations hereunder without your prior written consent.
Appears in 5 contracts
Samples: Retention Agreement (Dollar Tree Inc), Retention Agreement (Dollar Tree Inc), Retention Agreement (Dollar Tree Inc)
Assumption by Successor. The Company will use its best efforts to require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) (the "Successor") to (i) all or substantially all of the business and/or or assets of the Company or (ii) the Company, by operation of law or by agreement in form and substance reasonably satisfactory 's "Market" applicable to Executiveyou, to expressly assume and to agree to perform the Company's obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it such obligations if no such succession had taken place.;
Appears in 4 contracts
Samples: Retention and Severance Agreement (Mpower Holding Corp), Retention and Severance Agreement (Mpower Holding Corp), Retention and Severance Agreement (Mpower Holding Corp)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place; provided, however, that no such assumption shall relieve the Company of its obligations hereunder without your prior written consent.
Appears in 4 contracts
Samples: Retention Agreement (Dollar Tree Inc), Retention Agreement (Dollar Tree Inc), Retention Agreement (Dollar Tree Stores Inc)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, reorganization or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. The Company’s failure to perform its obligation under this Section 12(a) shall be deemed a material breach of this Agreement.
Appears in 3 contracts
Samples: Severance Pay Agreement (Tandy Brands Accessories Inc), Severance Pay Agreement (Tandy Brands Accessories Inc), Severance Pay Agreement (Tandy Brands Accessories Inc)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
Appears in 3 contracts
Samples: Executive Severance Agreement (Digital Realty Trust, L.P.), Employment Agreement (Digital Realty Trust, L.P.), Employment Agreement (Digital Realty Trust, L.P.)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory Company to Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes this Agreement by operation of law, or otherwise.
Appears in 2 contracts
Samples: Employment Agreement (BJs RESTAURANTS INC), Employment Agreement (BJs RESTAURANTS INC)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law whether pursuant to a Change in Control or by agreement in form and substance reasonably satisfactory to Executiveotherwise, to expressly assume and agree to perform the obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Peerless Systems Corp), Change in Control Severance Agreement (Peerless Systems Corp)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory Company to Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.. As used in this Agreement, “Company” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes this Agreement by operation of law, or otherwise
Appears in 2 contracts
Samples: Employment Agreement (BJs RESTAURANTS INC), Employment Agreement (BJs RESTAURANTS INC)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory Company to Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle the Executive to compensation from the Company in the same amount and on the same terms as the Executive would be entitled hereunder
Appears in 2 contracts
Samples: Employment Agreement (Deep Field Technologies, Inc.), Employment Agreement (Deep Field Technologies, Inc.)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place; PROVIDED, HOWEVER, that no such assumption shall relieve the Company of its obligations hereunder.
Appears in 2 contracts
Samples: Employment Agreement (Pathmark Stores Inc), Employment Agreement (Pathmark Stores Inc)
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory Company to Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.. Failure of the Company to obtain such assumption and agreement prior
Appears in 1 contract
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.be
Appears in 1 contract
Assumption by Successor. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by operation of law whether pursuant to a Change in Control or by agreement in form and substance reasonably satisfactory to ExecutiveCorporate Transaction, to expressly assume and agree to perform the obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken placeAgreement.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Datalink Corp)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Company expressly to assume and to agree to perform its obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.and
Appears in 1 contract
Assumption by Successor. The Company Companies will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of either of the Company, by operation of law or by agreement in form and substance reasonably satisfactory to Executive, Companies to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company Companies would be required to perform it if no such succession had taken place.
Appears in 1 contract
Samples: Executive Agreement (Tuboscope Vetco International Corp)
Assumption by Successor. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law or by agreement in form and substance reasonably satisfactory Company to Executive, to expressly assume and agree to perform the obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.
Appears in 1 contract
Assumption by Successor. The Company and Holdings will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or or assets of the Company, by operation of law Company or by agreement in form and substance reasonably satisfactory to Executive, Holdings expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company and Holdings would be required to perform it if no such succession had taken place; provided, however, that no such assumption shall relieve the Company or Holdings of its obligations hereunder.
Appears in 1 contract