Common use of Binding Effect; Successors and Assigns Clause in Contracts

Binding Effect; Successors and Assigns. This Agreement is binding upon the Company and its successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), and will inure to the benefit of Indemnitee and Indemnitee’s heirs, legal representatives and assigns. The Company will require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all or substantially all of its business or assets expressly to assume and agree to perform this Agreement in the same manner and to the same extent that it would be required to perform if no succession had taken place.

Appears in 13 contracts

Samples: Indemnification Agreement (NewPage Holdings Inc.), Indemnification Agreement (NewPage Holdings Inc.), Indemnification Agreement (NewPage Holdings Inc.)

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Binding Effect; Successors and Assigns. This Agreement is binding upon shall bind and inure to the Company benefit of the successors, heirs, personal and its successors legal representatives and assigns (of the parties hereto, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all, substantially all or substantially all a substantial part of the business or assets of the Company), and will inure to the benefit of Indemnitee and Indemnitee’s heirs, legal representatives and assigns. The Company will shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all, substantially all or substantially all a substantial part of its the business 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 it the Company would be required to perform if no such succession had taken place.

Appears in 8 contracts

Samples: Indemnification Agreement (Bankwell Financial Group, Inc.), Indemnification Agreement (Bankwell Financial Group, Inc.), Indemnification Agreement (Newalliance Bancshares Inc)

Binding Effect; Successors and Assigns. This Agreement is shall be binding upon the Company and its successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), and will shall inure to the benefit of Indemnitee and Indemnitee’s estate, heirs, legal representatives representative and assigns. The Company will shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all or substantially all of its business or assets expressly to assume and agree to perform this Agreement in the same manner and to the same extent that it would be required to perform if no such succession had taken place.

Appears in 4 contracts

Samples: Indemnification Agreement (BlueLinx Holdings Inc.), Indemnification Agreement (Ssa Global Technologies, Inc), Indemnification Agreement (BlueLinx Holdings Inc.)

Binding Effect; Successors and Assigns. This Agreement is shall be binding upon the Company and its successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), and will shall inure to the benefit of Indemnitee and Indemnitee’s 's estate, heirs, legal representatives representative and assigns. The Company will shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all or substantially all of its business or assets expressly to assume and agree to perform this Agreement in the same manner and to the same extent that it would be required to perform if no such succession had taken place.

Appears in 3 contracts

Samples: Indemnification Agreement (Anchor Glass Container Corp /New), Indemnification Agreement (Anchor Glass Container Corp /New), Indemnification Agreement (Anchor Glass Container Corp /New)

Binding Effect; Successors and Assigns. This Agreement is shall be binding upon upon, inure to the Company benefit of and its successors be enforceable by the Parties and their respective successors, assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), spouses, heirs and will inure to the benefit of Indemnitee personal and Indemnitee’s heirs, legal representatives and assignsrepresentatives. The Company will shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all all, substantially all, or substantially all a substantial part, of its the business or assets of the Company expressly to assume and agree to perform this Agreement in the same manner and to the same extent that it the Company would be required to perform if no such succession had taken place.

Appears in 3 contracts

Samples: Separation of Employment Agreement (Discovery Laboratories Inc /De/), Separation of Employment Agreement (Discovery Laboratories Inc /De/), Separation of Employment Agreement (Discovery Laboratories Inc /De/)

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Binding Effect; Successors and Assigns. This Agreement is binding upon the Company and its successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), and will inure to the benefit of Indemnitee and Indemnitee’s estate, heirs, legal representatives representative and assigns. The Company will require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all or substantially all of its business or assets expressly to assume and agree to perform this Agreement in the same manner and to the same extent that it would be required to perform if no succession had taken place.

Appears in 2 contracts

Samples: Indemnification Agreement (NewPage Group Inc.), Indemnification Agreement (NewPage Holding CORP)

Binding Effect; Successors and Assigns. This Agreement is shall be binding upon the Company and Corporation, its successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company)assigns, and will shall inure to the benefit of Indemnitee and Indemnitee, Indemnitee’s heirs, legal personal representatives and assigns and to the benefit of the Corporation, its successors and assigns. The Company will Corporation shall require and cause any successor (whether direct or indirect, and whether by purchase, merger, consolidation or otherwise) to all or substantially all of its the business or assets expressly of the Corporation, to assume and agree to perform this Agreement in the same manner and to the same extent that it the Corporation would be required to perform if no such succession had taken placeeffect.

Appears in 1 contract

Samples: Indemnification Agreement (Coldwater Creek Inc)

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