Common use of Binding Effect, Etc Clause in Contracts

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spouses, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company or of any other enterprise at the Company's request.

Appears in 9 contracts

Samples: Indemnification Agreement (2connect Express Inc), Indemnification Agreement (2connect Express Inc), Indemnification Agreement (2connect Express Inc)

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Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company or of any other enterprise at the Company's request.

Appears in 9 contracts

Samples: Indemnification Agreement (Avteam Inc), Indemnification Agreement (Avteam Inc), Indemnification Agreement (Avteam Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) otherwise to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer and/or director and officer of the any affiliate of Company or of any other enterprise at the Company's ’s request.

Appears in 8 contracts

Samples: Employment Agreement (Walt Disney Co), Employment Agreement (Walt Disney Co), Indemnification Agreement (Walt Disney Co)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and or officer of the Company or of any other enterprise at the Company's request.

Appears in 8 contracts

Samples: Indemnification Agreement (General Roofing Services Inc), Indemnification Agreement (General Roofing Services Inc), Indemnification Agreement (General Roofing Services Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor successors by purchase, merger, consolidation consolidation, or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, or otherwise) to all, substantially all, all or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to the Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer or director and officer of the Company or of any other enterprise at the Company's requestrequests.

Appears in 2 contracts

Samples: Indemnification Agreement (Datalink Corp), Indemnification Agreement (Primegg LTD)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the CompanyCorporation, spouses, heirs, and personal and legal representatives. The Company Corporation shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the CompanyCorporation, by written agreement in form and substance satisfactory to the Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and or officer of the Company Corporation or of any other enterprise at the Company's Corporation’s request.

Appears in 2 contracts

Samples: Indemnification Agreement (Walter Energy, Inc.), Indemnification Agreement (Walter Industries Inc /New/)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or of substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, part of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 2 contracts

Samples: Indemnity Agreement (Cs Wireless Systems Inc), Indemnification & Liability (Ensco International Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 2 contracts

Samples: Indemnification Agreement (Orthologic Corp), Indemnification Agreement (Orthologic Corp)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and any be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, executors and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, all or a substantial part, part of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer or director and officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 2 contracts

Samples: Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Snap Interactive, Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Tandycrafts Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to the Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 1 contract

Samples: Directors’ Indemnification Agreement (Owens Corning)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spouses, heirs, personal and legal representatives Parties and their respective successors and successors, assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, executors and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect indirect, by purchase, merger, consolidation consolidation, or otherwise) to all, all or substantially all, or a substantial part, all of the business and/or assets of the Company, by written agreement in form and substance satisfactory to IndemniteeIndemnitee and Indemnitte’s counsel, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer or director and officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 1 contract

Samples: Indemnification Agreement (Computer Vision Systems Laboratories Corp.)

Binding Effect, Etc. This Agreement shall be binding upon and -------------------- inure to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Netpliance Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the CompanyCorporation, spouses, heirs, and personal and legal representatives. The Company Corporation shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the CompanyCorporation, by written agreement in form and substance satisfactory to the Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company Corporation or of any other enterprise at the Company's Corporation’s request.

Appears in 1 contract

Samples: Director Indemnification Agreement (Mueller Water Products, Inc.)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, executors and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, liquidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to the Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether the Indemnitee continues to serve as a an officer or director and officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Talbert Medical Management Holdings Corp)

Binding Effect, Etc. This Agreement Agreements shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, reorganization, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Fidelity Bancorp Inc)

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Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) otherwise to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer and/or director and officer of the any subsidiary of Company or of any other enterprise at the Company's ’s request.

Appears in 1 contract

Samples: Employment Agreement (Walt Disney Co/)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to the Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Directors' Indemnification Agreement (Owens Corning)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 1 contract

Samples: Indemnity Agreement (Internet America Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure -------------------- to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Citadel Security Software Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Occidental Petroleum Corp /De/)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor successors by purchase, merger, consolidation consolidation, or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation consolidation, or otherwise) to all, substantially all, all or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to the Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a an officer or director and officer of the Company or of any other enterprise at the Company's request’s requests.

Appears in 1 contract

Samples: Indemnification Agreement (Datalink Corp)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemniteethe Director, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company company would be required to perform if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee Director continues to serve as a director and officer of the Company or of any other enterprise at the Company's requestrequest with respect to the period of service thereof.

Appears in 1 contract

Samples: Indemnification Agreement (Ply Gem Industries Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable against and by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or officer of the Company or of any other enterprise at the Company's request.

Appears in 1 contract

Samples: Indemnification Agreement (Osullivan Industries Holdings Inc)

Binding Effect, Etc. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their spousesrespective successors, heirs, personal and legal representatives and their respective successors and assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company, spouses, heirs and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, reorganization, consolidation or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of the Company, by written agreement in form and substance satisfactory to Indemnitee, expressly 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 if no such succession had taken place. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a director and and/or executive officer of the Company or of any other enterprise at the Company's ’s request.

Appears in 1 contract

Samples: Indemnification Agreement (CBM Bancorp, Inc.)

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