Assumption of Agreement. The Company will require any successor (whether by purchase of assets, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including the obligation to cause any subsequent successor to also assume the obligations of this Agreement) unless such assumption occurs by operation of law.
Appears in 20 contracts
Samples: Severance and Retention Agreement (CSK Auto Corp), Severance and Retention Agreement (CSK Auto Corp), Employment Agreement (CSK Auto Corp)
Assumption of Agreement. The Company will shall require any successor (whether direct or indirect, by purchase of assetspurchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume this Agreement in the same manner and agree to the same extent that the Company would have been required to perform all of it if no such succession had taken place. As used in the obligations of Agreement, “the Company” shall mean both the Company under this Agreement (including the obligation to cause as defined above and any subsequent such successor to also assume the obligations of that assumes this Agreement) unless such assumption occurs , by operation of lawlaw or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Aleris Corp), Executive Employment Agreement (Aleris Corp), Employment Agreement (Aleris Corp)
Assumption of Agreement. The Company will require any successor (whether by purchase of assets, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including the obligation to cause any subsequent successor to also assume the obligations of this Agreement) unless such assumption occurs by operation of law.business
Appears in 5 contracts
Samples: Change of Control Agreement (Minimed Inc), Change of Control Agreement (Minimed Inc), Change of Control Agreement (Minimed Inc)
Assumption of Agreement. The Company will require any successor (whether by purchase of assetspurchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Company, by agreement in form and substance reasonably satisfactory to the Executive, to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including in the obligation same manner and to cause any subsequent successor the same extent that the Company would be required to also assume the obligations of this Agreement) unless perform if no such assumption occurs by operation of lawsuccession had taken place.
Appears in 3 contracts
Samples: Employment Agreement (Hertz Corp), Employment Agreement (Wyeth), Employment Agreement (Hertz Global Holdings Inc)
Assumption of Agreement. The Company will require any successor (whether by purchase of assets, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including the obligation to cause any subsequent successor to also assume the obligations of this Agreement) unless such assumption occurs by operation of law.
Appears in 2 contracts
Samples: Severance Agreement (Tejon Ranch Co), Severance Agreement (Tejon Ranch Co)
Assumption of Agreement. The Company will require any successor ----------------------- (whether by purchase of assets, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including the obligation to cause any subsequent successor to also assume the obligations of this Agreement) unless such assumption occurs by operation of law.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Maxwell Shoe Co Inc)
Assumption of Agreement. The Company will shall require any successor (whether by purchase of assetspurchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Company, by agreement in form and substance reasonably satisfactory to the Executive, to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including in the obligation same manner and to cause any subsequent successor the same extent that the Company would be required to also assume the obligations of this Agreement) unless perform if no such assumption occurs by operation of lawsuccession had taken place.
Appears in 1 contract
Samples: Employment Agreement (Hertz Corp)
Assumption of Agreement. The Company will require any successor (whether by purchase of assets, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company under this Agreement (including the obligation to cause any subsequent successor to also assume the obligations of this Agreement) unless such assumption occurs by operation of law.the
Appears in 1 contract
Assumption of Agreement. The Company will shall require any successor (whether direct or indirect, by purchase of assetspurchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform all of this Agreement in the obligations of same manner and to the same extent that the Company under this Agreement (including would have been required to perform it if no such succession had taken place. As used in the obligation Agreement, the “Company” shall mean both the Company as defined above and any such successor that assumes and agrees to cause any subsequent successor to also assume the obligations of perform this Agreement) unless such assumption occurs , by operation of lawlaw or otherwise.
Appears in 1 contract
Samples: Employment Agreement (Thoratec Corp)
Assumption of Agreement. The Company will require any successor (whether direct or indirect, by purchase of assetspur- chase, merger, consolidation or otherwise) to all or substantially substan- tially all of the business and/or assets of the Company to expressly assume and agree to perform all of the obligations of the Company Company's obliga- tions under this Agreement (including in the obligation same manner and to cause any subsequent successor the same extent that the Company would be required to also assume the obligations of this Agreement) unless perform if no such assumption occurs by operation of lawsuccession had taken place.
Appears in 1 contract
Samples: Supplemental Retirement Income Agreement (Devon Energy Corp /Ok/)