Common use of Benefit and Binding Effect Clause in Contracts

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 7 contracts

Samples: Restricted Stock Agreement (Papa Murphy's Holdings, Inc.), Restricted Stock Agreement (Papa Murphy's Holdings, Inc.), Restricted Stock Agreement (Demandware Inc)

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Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, permitted assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement, Restricted Stock Agreement (Animal Health International, Inc.), Restricted Stock Agreement (Animal Health International, Inc.)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Shares shall remain subject to vesting terms, conditions and the Repurchase right of first refusal hereunderrestrictions set forth herein. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 4 contracts

Samples: Restricted Stock Purchase Agreement (Tecogen Inc), Restricted Stock Purchase Agreement (American Dg Energy Inc), Restricted Stock Purchase Agreement (American Dg Energy Inc)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger or similar transaction in which the Company is not the surviving entity, shares of the Company’s 's successor issued in respect of the Shares shall remain subject to vesting vesting, the Repurchase and the Repurchase right of first refusal hereunder, subject to the acceleration provisions hereof. The Company has the right to assign this Agreement, and such the assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 2 contracts

Samples: Employee Stock Restriction Agreement (BladeLogic, Inc.), Director Stock Restriction Agreement (BladeLogic, Inc.)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Option Shares shall remain subject to vesting the Repurchase rights and the schedule for release of Repurchase right of first refusal hereunderrights set forth in this Agreement. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Inverness Medical Innovations Inc), Non Qualified Stock Option Agreement (Inverness Medical Innovations Inc)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s 's successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 1 contract

Samples: Restricted Stock Agreement (Zwanziger Ron)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without ; without limitation of the foregoing, foregoing upon any stock-for-stock merger in which the Company is not the surviving entity, shares securities of the Company’s 's successor issued in respect of the Shares shall remain subject to vesting vesting, the Company's Repurchase option and the Repurchase right of first refusal transfer restrictions hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 1 contract

Samples: Restricted Stock Agreement (Boron Lepore & Associates Inc)

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Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s 's successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 1 contract

Samples: Restricted Stock Agreement (MCK Communications Inc)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereunder. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 1 contract

Samples: Restricted Stock Agreement (Inverness Medical Innovations Inc)

Benefit and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Without limitation of the foregoing, upon any stock-for-stock merger in which the Company is not the surviving entity, shares of the Company’s successor issued in respect of the Shares shall remain subject to vesting and the Repurchase right of first refusal hereundervesting. The Company has the right to assign this Agreement, and such assignee shall become entitled to all the rights of the Company hereunder to the extent of such assignment.

Appears in 1 contract

Samples: Restricted Stock Agreement (YogaWorks, Inc.)

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