Common use of Binding Effect On Successor To Company Clause in Contracts

Binding Effect On Successor To Company. This Agreement shall be binding upon any successor or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all the business or assets of the Company, or upon any successor to the Company as the result of a Change in Control, and any such successor or assignee shall be required to perform the Company’s obligations under the Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession or assignment or Change in Control had taken place. In such event, the term “Company,” as used in the Agreement, shall mean the Company as defined in this Agreement and any successor or assignee as described above which by reason hereof becomes bound by the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/)

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Binding Effect On Successor To Company. This Agreement shall be binding upon any successor or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all the business or assets of the Company, or upon any successor to the Company as the result of a Change in Control, and any such successor or assignee shall be required to perform the Company’s obligations under the Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession or assignment or Change in Control had taken place. In such event, the term “Company,” as used in the Agreement, shall mean the Company as hereinafter defined in this Agreement and any successor or assignee as described above which by reason hereof becomes bound by the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Emulex Corp /De/)

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