Assumption by Successors. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Control) to all or substantially all of the business or assets of the Company to assume in writing prior to such succession 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. Successions by virtue of the sale of stock shall be governed by operation of law.
Appears in 12 contracts
Samples: Employment Agreement (Intra-Cellular Therapies, Inc.), Employment Agreement (Intra-Cellular Therapies, Inc.), Employment Agreement (Intra-Cellular Therapies, Inc.)
Assumption by Successors. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or assets of the Company to assume in writing prior to such succession 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. Successions by virtue of the sale of stock shall be governed by operation of law.
Appears in 10 contracts
Samples: Employment Agreement (Implant Sciences Corp), Employment Agreement (Implant Sciences Corp), Employment Agreement (Implant Sciences Corp)
Assumption by Successors. The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or and/or assets of the Company to assume in writing prior to such succession expressly 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. Successions by virtue of the sale of stock shall be governed As used in this Agreement, "Company" means Company as herein before defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of lawlaw or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Jameson Inns Inc), Employment Agreement (Jameson Inns Inc), Employment Agreement (Jameson Inns Inc)
Assumption by Successors. The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or and/or assets of the Company to assume in writing prior to such succession expressly 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. Successions by virtue of the sale of stock shall be governed As used in this Agreement, “Company” means Company as herein before defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of lawlaw or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Jameson Inns Inc), Employment Agreement (Jameson Inns Inc), Employment Agreement (Jameson Inns Inc)
Assumption by Successors. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in of Control) to all or substantially all of the business or assets of the Company to assume in writing prior to such succession 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. Successions by virtue of the sale of stock shall be governed by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Majesco Entertainment Co), Employment Agreement (Majesco Entertainment Co)
Assumption by Successors. The Company shall require any successor ------------------------ (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or and/or assets of the Company to assume in writing prior to such succession expressly, adopt 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 this Agreement if no such succession had taken place. Successions by virtue of the sale of stock shall be governed by operation of law.
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Assumption by Successors. The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or and/or assets of the Company to assume in writing prior to such succession expressly 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. Successions by virtue of the sale of stock shall be governed by operation of law.to
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Assumption by Successors. The Company shall require any successor ------------------------ (whether direct or indirect, by purchase, merger, consolidation or otherwise and whether or not after a Change in Controlotherwise) to all or substantially all of the business or assets of the Company to expressly assume in writing prior to such succession 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. Successions by virtue Failure of the sale Company to obtain such assumption and agreement prior to the effectiveness of stock any such succession shall be governed by operation a breach of law.this Agreement and shall entitle Xxxxxxx to compensation from the Company in the same amount and on the same terms as
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