Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 153 contracts
Samples: Performant Financial (Performant Financial Corp), Change in Control and Severance Agreement (Performant Financial Corp), Change of Control and Severance Agreement (Immersion Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in pursuant to this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 73 contracts
Samples: Employment Severance Agreement (Tandem Diabetes Care Inc), Employment Severance Agreement, Employment Severance Agreement (Tandem Diabetes Care Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 59 contracts
Samples: Change of Control Severance Agreement (INPHI Corp), Change of Control Severance Agreement (INPHI Corp), Change of Control Severance Agreement (Utstarcom Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 52 contracts
Samples: Employment Agreement (Fremont General Corp), Control Agreement (Tab Products Co), Employment Agreement (Cross Z International Inc)
Company’s Successors. Any Except as set forth above, any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 27 contracts
Samples: Change in Control Severance Agreement (Nevro Corp), Change in Control and Severance Agreement (Duolingo, Inc.), Change in Control and Severance Agreement (Imago BioSciences, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall be entitled to assume the Company’s rights and shall be obligated to assume the obligations of the Company under this Agreement and shall agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (ai) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 26 contracts
Samples: Executive Protection Agreement, Employment Agreement (Gartner Inc), Employment Agreement (High Speed Access Corp)
Company’s Successors. Any The Company shall require a successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall (each a “Successor Company”) to assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s such obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets Successor Company which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 21 contracts
Samples: Control Agreement (Cellectis S.A.), Change in Control Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, amalgamation, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 17 contracts
Samples: Control Severance Agreement, Change of Control Severance Agreement (XOMA Corp), Change of Control Severance Agreement (XOMA Corp)
Company’s Successors. Any Except as set forth above, any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 14 contracts
Samples: Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/), Change of Control Severance Agreement (Jacobs Engineering Group Inc /De/)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall be entitled to assume the Company’s rights and shall be obligated to assume the obligations of the Company under this Agreement and shall agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (ai) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 14 contracts
Samples: Employment Agreement (Ultralife Corp), Employment Agreement (MxEnergy Holdings Inc), Employment Agreement (Ultralife Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to purchase of all or substantially all of the Company’s business and/or assets assets) shall assume the Company’s obligations under this Agreement in writing and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 13 contracts
Samples: Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 13 contracts
Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Progress Software Corp /Ma)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 4(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 11 contracts
Samples: Retention Agreement, Executive Retention Agreement (GlassHouse Technologies Inc), Executive Retention Agreement (GlassHouse Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” ," shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 11 contracts
Samples: Employment Agreement (Uroquest Medical Corp), Employment Agreement (Axiohm Transaction Solutions Inc), Employment Agreement (Superconductor Technologies Inc)
Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assets, by an agreement in substance and form satisfactory to the Employee, to assume the Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 10 contracts
Samples: Severance Agreement (Metabasis Therapeutics Inc), Severance Agreement (Metabasis Therapeutics Inc), Severance Agreement (Metabasis Therapeutics Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor to the Company, or to the Company’s business and/or assets which assets, that executes and delivers the assumption agreement described in this subsection (aSection 11(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 10 contracts
Samples: Boingo Wireless, Inc., Letter Agreement (Boingo Wireless Inc), Letter Agreement (Boingo Wireless Inc)
Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assets, by an agreement in substance and form satisfactory to the Employee, to assume the Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 9 contracts
Samples: Severance Agreement (Metabasis Therapeutics Inc), Severance Agreement (Metabasis Therapeutics Inc), Severance Agreement (Metabasis Therapeutics Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or and assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or and assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 8 contracts
Samples: Employment Agreement (Electronics for Imaging Inc), Employment Agreement (Electronics for Imaging Inc), Employment Agreement (Novadigm Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under (and be entitled to the benefits of and to enforce) this Agreement and shall expressly agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 8 contracts
Samples: Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma), Executive Employment Agreement (Progress Software Corp /Ma)
Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assets, by an agreement in substance and form satisfactory to Executive, to assume the Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 7 contracts
Samples: Change in Control Agreement, Employment Agreement (Xencor Inc), Employment Agreement (Xencor Inc)
Company’s Successors. Any successor to the Company (whether direct or director indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 7 contracts
Samples: Employment Agreement (Gold Hill Resources, Inc.), Employment Agreement (Gold Hill Resources, Inc.), Employment Agreement (Gold Hill Resources, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchasepurchase of stock, purchase of assets, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or and assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or and assets which executes and delivers the assumption agreement described in this subsection (a) paragraph or which becomes bound by the terms of this Agreement by operation of law.
Appears in 7 contracts
Samples: Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Usweb Corp), Management Continuity Agreement (Oncor Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc), Change of Control Agreement (Omm Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (ab) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa), Change of Control Severance Agreement (Logitech International Sa)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets (including any parent company to the Company) which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Employment Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc), Employment Agreement (Imageware Systems Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and shall agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes become bound by the terms of this Agreement by operation operations of law.
Appears in 5 contracts
Samples: Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.)
Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall or assets, by an agreement in substance and form satisfactory to the Employee, to assume the Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s business and/or or assets of the Company which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Severance Agreement (St Joe Co), Severance Agreement (St Joe Co), Severance Agreement (St Joe Co)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De), Change of Control Severance Agreement (Genesis Microchip Inc /De)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Sigma Designs Inc), Management Retention Agreement (Epicor Software Corp), Management Retention Agreement (Epicor Software Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Digital River Inc /De), Employee Retention and Motivation Agreement (Progress Software Corp /Ma)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (ECO Building Products, Inc.), Employment Agreement (ECO Building Products, Inc.), Employment Agreement (Ecoblu Products, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business 's business, equity securities and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under of this Agreement, the term “"Company” " shall include any successor to the Company’s business 's business, equity securities and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change of Control Agreement (Repeater Technologies Inc), Change of Control Agreement (Repeater Technologies Inc), Change of Control Agreement (Repeater Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company,” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Trade Desk, Inc.), Employment Agreement (Trade Desk, Inc.), Employment Agreement (Trade Desk, Inc.)
Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, purchase lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assets, by an agreement in substance and form satisfactory to the Employee, to assume the Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Term "Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc), Severance Agreement (Essential Therapeutics Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) subparagraph 9.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment and Retention Agreement (Remec Inc), Employment and Retention Agreement (Remec Inc), Employment and Retention Agreement (Remec Inc)
Company’s Successors. Any The Company shall require a successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall (each a “Successor Company”) to assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s such obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under of this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets Successor Company which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp), Chairman’s Agreement (Lam Research Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or or assets shall assume the Company’s obligations under this Agreement and agree expressly in writing to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Management Continuity Agreement (Sonic Innovations Inc), Employment Agreement (Altiris Inc), Management Continuity Agreement (Sonic Innovations Inc)
Company’s Successors. Any successor to the Company Connetics (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s Connetics’ business and/or assets shall assume the Company’s Connetics’ obligations under this Agreement and agree expressly to perform the Company’s Connetics’ obligations under this Agreement in the same manner and to the same extent as the Company Connetics would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s Connetics’ business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Change of Control Agreement (Connetics Corp), Consultant Change of Control Agreement (Connetics Corp), Outside Director Change of Control Agreement (Connetics Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Fremont General Corp), Management Continuity Agreement (Fremont General Corp), Employment Agreement (Fremont General Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree to expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection Subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Severance Agreement (Advanced Fibre Communications Inc), Severance Agreement (Advanced Fibre Communications Inc), Severance Agreement (Advanced Fibre Communications Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Severance and Change of Control Agreement (Coldwater Creek Inc), 2012 Executive Employment Agreement (Pixelworks, Inc), Change of Control Severance Agreement (Pixelworks, Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this COC Agreement and agree expressly to perform the Company’s obligations under this COC Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this COC Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this COC Agreement by operation of law.
Appears in 3 contracts
Samples: Change of Control Agreement (Sybase Inc), Change of Control Agreement (Sybase Inc), Change of Control Agreement (Sybase Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Control Severance Agreement (Overture Services Inc), Control Severance Agreement (Overture Services Inc), Control Severance Agreement (Goto Com Inc)
Company’s Successors. Any successor (or parent thereof) to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor (or parent thereof) to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Change of Control Agreement (Applied Microsystems Corp /Wa/), Retention Agreement (Saflink Corp), Retention Agreement (Saflink Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes become bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Executive Severance Agreement (Sigma Designs Inc), Change of Control Agreement (Remec Inc), Change of Control and Transition Agreement (Remec Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s such obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp), Employment Agreement (Lam Research Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this COC Agreement and agree expressly to perform the Company’s obligations under this COC Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this COC Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this COC Agreement by operation of law.
Appears in 2 contracts
Samples: Coc Agreement (Sybase Inc), Change of Control Agreement (Sybase Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (LCC International Inc), Employment Agreement (LCC International Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Pharmasset Inc), Severance Agreement (Pharmasset Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchasepurchase of stocks, purchase of assets, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s business and/or and assets shall assume the Company’s obligations under this Agreement and agree agrees expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or and assets which executes and delivers the assumption agreement described in this subsection (a) paragraph or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Etelos, Inc.), Employment Agreement (Etelos, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” ," shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. (b)
Appears in 2 contracts
Samples: Employment Agreement (Dh Technology Inc), Employment Agreement (Dh Technology Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. (b)
Appears in 2 contracts
Samples: Control Severance Agreement (Lsi Logic Corp), Change of Control Agreement (Lsi Logic Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to purchase of all or substantially all of the Company’s 's business and/or assets assets) shall assume the Company’s 's obligations under this Agreement in writing and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Retention and Ownership (Immersion Corp), Retention and Ownership Change Event Agreement (Immersion Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change in Control Agreement (Mullen Automotive Inc.), Change in Control Agreement (Mullen Automotive Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a successionsuccession (a "SUCCESSOR"). For all purposes under this Agreement, the term “Company” "COMPANY," shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Optika Inc), Employment Agreement (Optika Inc)
Company’s Successors. Any successor to of the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (CKS Group Inc), Employment Agreement (CKS Group Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes become bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Management Retention Agreement (IGIA, Inc.), Management Retention Agreement (IGIA, Inc.)
Company’s Successors. Any The Company shall use its best efforts to -------------------- provide that any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assets, by an agreement in substance and form satisfactory to the Employee, will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (aSubsection 9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Pointshare Corp), Employment Agreement (Pointshare Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” ," shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement Agreement: by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Conspiracy Entertainment Holdings Inc), Employment Agreement (Conspiracy Entertainment Holdings Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” ," as applicable, shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Robert Brisco Employment Agreement (Internet Brands, Inc.), Employment Agreement (Gurunet Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets or assets, whether or not this Agreement is expressly assigned to the successor, shall assume the Company’s obligations under this Agreement and agree expressly to shall perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or or assets which executes and delivers the an assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change in Control Agreement (Nuo Therapeutics, Inc.), Change in Control Agreement (Nuo Therapeutics, Inc.)
Company’s Successors. Any successor (or parent thereof) to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor (or parent thereof) to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change of Control Agreement (Tab Products Co), Change of Control Agreement (Tab Products Co)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement agreement and agree expressly to perform the Company’s obligations under this Agreement agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreementagreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers expressly assumes this agreement, including the assumption agreement described in this subsection (a) the preceding sentence, or which becomes bound by the terms of this Agreement agreement by operation of law.
Appears in 1 contract
Samples: Offer Letter (Synnex Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) subparagraph 9.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which that executes and delivers the assumption agreement described in this subsection (a) Section 9.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Remec Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Amended Agreement and agree expressly to perform the Company’s obligations under this Amended Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Amended Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Amended Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” ," as applicable, shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection subparagraph (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor successor(s) to any of the Company Companies (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the any such Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the such Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the any Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. 5
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall be entitled to assume the Company’s rights and obligations of the Company under this Agreement and shall agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. Exhibit 10.50
Appears in 1 contract
Samples: Change of Control Severance Agreement (Genesis Microchip Inc /De)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: 1 (Silicon Valley Group Inc)
Company’s Successors. Any Except as set forth above, any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall must assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Severance Agreement and Change in Control Agreement (Fractyl Health, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor to the Company, or to the Company’s business and/or assets which assets, that executes and delivers the assumption agreement described in this subsection (aSection 13(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Boingo Wireless Inc
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Management Retention Agreement (Epicor Software Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall shall, in a written agreement, assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Bombay Company Inc)
Company’s Successors. Any successor to the Company (whether direct or director indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Retention Agreement (Learn2 Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. Exhibit 10.48
Appears in 1 contract
Samples: Change of Control Severance Agreement (Genesis Microchip Inc /De)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree agrees expressly to perform the Company’s such obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Management Retention Agreement (Epicor Software Corp)
Company’s Successors. Any The Company shall require a successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall (each a “Successor Company”) to assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s such obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets Successor Company which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. Xxxxxx X. Xxxxxxx Employment Agreement
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business 's business, equity securities and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s business 's business, equity securities and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Change of Control Agreement (Repeater Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or and assets shall assume the Company’s obligations under this Transition Agreement and agree agrees expressly to perform the Company’s obligations under this Transition Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Transition Agreement, the term “Company” shall include any successor to the Company’s business and/or and assets which executes and delivers the assumption agreement described in this subsection (a) Section or which becomes bound by the terms of this Transition Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner (b) and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s rights and obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. (b)
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Samples: Retention and Motivation Agreement
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement agreement and shall expressly agree expressly in writing to perform the Company’s obligations under this Agreement agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreementagreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement agreement by operation of law.
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Company’s Successors. Any Except as set forth above, any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 11(a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company,” as applicable, shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Robert Brisco Severance Payment Agreement (Internet Brands, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this the Agreement, the term “"Company” ", shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.. (b)
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall will assume the Company’s obligations under this Agreement and expressly agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Change of Control and Severance Agreement (Ev3 Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s obligations of the Company under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall, and the Company shall require such successor to, assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (aSection 9(a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Change in Control and Severance Agreement (Micrel Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume expressly the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Severance and Change of Control Agreement (Coldwater Creek Inc)
Company’s Successors. Any The Company shall require in any agreement through which any successor to the Company (whether direct directly or indirect indirectly and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to acquires all or substantially all of the Company’s 's business and/or assets shall such successor to assume the Company’s obligations under this Agreement and agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Samples: Employment Agreement (Anergen Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall assume the Company’s obligations under this ther Agreement and agree expressly to perform the Company’s obligations under this ther Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this ther Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this ther subsection (a) or which becomes bound by the terms of this ther Agreement by operation of law.
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Samples: Ther Employment Agreement (Casita Enterprises, Inc.)
Company’s Successors. Any successor to the Company Connetics (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s Connetics' business and/or assets shall assume the Company’s Connetics' obligations under this Agreement and agree expressly to perform the Company’s Connetics' obligations under this Agreement in the same manner and to the same extent as the Company Connetics would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s Connetics' business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s 's business and/or assets (including any parent company to the Company) which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s 's obligations under this Agreement and agree expressly to perform the Company’s 's obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes become bound by the terms of this Agreement by operation of law.
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