Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 57 contracts
Samples: Change of Control Severance Agreement (Harmonic Inc), Change of Control Severance Agreement (Harmonic Inc), Change in Control and Severance Agreement (Sarepta Therapeutics, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 45 contracts
Samples: Employment Agreement (Verrica Pharmaceuticals Inc.), Employment Agreement (Verrica Pharmaceuticals Inc.), Change in Control and Severance Agreement (Sarepta Therapeutics, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 40 contracts
Samples: Employment Agreement (Corvus Pharmaceuticals, Inc.), Employment Agreement (Nevro Corp), Employment Agreement (Nevro Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 or assets which executes and delivers the assumption agreement described in this Section 7(a10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 26 contracts
Samples: Change in Control and Severance Agreement (Ceribell, Inc.), Change in Control and Severance Agreement (Arteris, Inc.), Change in Control and Severance Agreement (Biomea Fusion, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 25 contracts
Samples: Change in Control and Severance Agreement (Adverum Biotechnologies, Inc.), Change in Control and Severance Agreement (Adverum Biotechnologies, Inc.), Change in Control and Severance Agreement (Adverum Biotechnologies, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 19 contracts
Samples: Management Retention Agreement (Bell Microproducts Inc), Key Employee Retention Agreement (Pets Com Inc), Change of Control Severance Agreement (Genus Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 that executes and delivers the assumption agreement described in this Section 7(a6(a) or which that becomes bound by the terms of this Agreement by operation of law.
Appears in 12 contracts
Samples: Change of Control Agreement (Xenoport Inc), Change of Control Agreement (Xenoport Inc), Change of Control Agreement (Xenoport Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 11 contracts
Samples: Severance Benefit Agreement (Broadcom Inc.), Severance Benefit Agreement (Avago Technologies LTD), Change in Control and Severance Agreement (Micrel Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a5(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 10 contracts
Samples: Change of Control Agreement, Employment Agreement (Venus Concept Inc.), Employment Agreement (Venus Concept Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of lawlaw or otherwise.
Appears in 9 contracts
Samples: Change of Control Severance Agreement (Unwired Planet, Inc.), Change of Control Severance Agreement (Openwave Systems Inc), Change of Control Severance Agreement (Openwave Systems Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets (a “Successor”) shall assume the obligations under this Agreement and agree expressly to perform the 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 which executes and delivers the assumption agreement described in this Section 7(a7.1(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Transition Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New), Transition Agreement (Pico Holdings Inc /New)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Change of Control Severance Agreement (Anacomp Inc), Change of Control Severance Agreement (Anacomp Inc), Change of Control Severance Agreement (Anacomp Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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's business and/or assets Company which executes and delivers the an assumption agreement described in consistent with this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 5 contracts
Samples: Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc), Management Retention Agreement (Pc Tel Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) ), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change in Control and Severance Agreement (Akamai Technologies Inc), Change of Control and Severance Agreement (Akamai Technologies Inc), Change of Control and Severance Agreement (Akamai Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 successor• to the Company's ’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Thoughtful Media Group Inc.), Employment Agreement (Society Pass Incorporated.), Employment Agreement (Society Pass Incorporated.)
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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a11(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Catalytica Energy Systems Inc), Employment Agreement (Renegy Holdings, Inc.), Employment Agreement (Catalytica Energy Systems Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Management Retention Agreement (Stratos Lightwave Inc), Management Retention Agreement (Stratos Lightwave Inc), Management Retention Agreement (Stratos Lightwave 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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Ceo Employment Agreement (Storage Technology Corp), Ceo Employment Agreement (Storage Technology Corp), Executive Officer Severance Agreement (Insilicon 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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp), Employment Agreement (Notify Technology Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets (a “Successor”) 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 Successor which executes and delivers the assumption agreement described in this Section 7(a) 8.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change in Control Agreement (Cohu Inc), Change in Control Agreement (Cohu Inc), Change in Control Agreement (Cohu Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets (a “Successor”) 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 Successor which executes and delivers the assumption agreement described in this Section 7(a) 7.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Severance Agreement (Cohu Inc), Severance Agreement (Cohu Inc), Severance Agreement (Cohu Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a9 (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Ardelyx, Inc.), Change in Control Severance Agreement (Ardelyx, Inc.), Change in Control Severance Agreement (Ardelyx, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 "CompanyCOMPANY" shall include any successor to the Company's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Key Employee Agreement (Veritas Holding Corp), Key Employee Agreement (Veritas Software Corp), Key Employee Agreement (Veritas 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 ’s business and/or and assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Synopsys Inc), Employment Agreement (Synopsys 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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change in Control Agreement (Netcom Systems Inc), Change in Control Agreement (Netcom Systems 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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Consulting Agreement (CBT Group PLC), Agreement and Mutual Release (CBT Group PLC)
Company’s Successors. Any successor to the Company (whether direct or -------------------- indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 "CompanyCOMPANY" shall include any successor to the Company's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change of Control Agreement (Battery Express Inc), Change of Control Agreement (Battery Express Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a8 (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Ardelyx, Inc.), Change in Control Severance Agreement (Ardelyx, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets (a “Successor”) shall assume the obligations under this Agreement and agree expressly to perform the 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 which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 "CompanyCOMPANY" shall include any successor to the Company's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a7 (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Gadzoox Networks Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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's ’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Management Retention Agreement (Stratos International Inc), Management Retention Agreement (Palm Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets (a “Successor”) shall assume the obligations under this Agreement and agree expressly to perform the 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 which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Severance Agreement (Pico Holdings Inc /New), Severance Agreement (Pico Holdings Inc /New)
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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a) 12.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Superconductor Technologies Inc), Employment Agreement (Superconductor Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) 9.1 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Symmetricom Inc), Employment and Executive Severance Agreement (Symmetricom Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) or which becomes bound by the terms of this Agreement by operation of lawlaw or otherwise.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Openwave Systems Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, . liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Kubient, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 "CompanyCOMPANY" shall include any successor to the Company's business and/or assets which executes and delivers the assumption agreement described in this Section 7(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) 8.1 or which becomes bound by the terms of this Agreement by operation of lawlaw or otherwise.
Appears in 1 contract
Samples: Transition Employment Agreement (Openwave Systems Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Severance Agreement (E Piphany Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Kubient, 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 obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Centigram Communications Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of lawlaw or otherwise.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Strategic Diagnostics 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 and assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall will assume the obligations under this Agreement and agree expressly to perform the 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 ’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) 8 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Trans-India Acquisition Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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" Company shall include any successor to the Company's business and/or assets which executes and delivers the assumption agreement described in this Section 7(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 "CompanyCOMPANY" shall include any successor to the Company's business and/or assets which executes exe cutes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Stock Option and Restricted Stock Purchase Agreement (Gadzoox Networks 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 or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 or assets which executes and delivers the assumption agreement described in this Section 7(asubsection (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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) ), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change in Control and Severance Agreement (Akamai Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a6(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a9 (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Ardelyx, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and and
EXHIBIT 10.6.1 agree expressly to perform the 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's business and/or assets Company which executes and delivers the an assumption agreement described in consistent with this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Pc Tel Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 that executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change in Control Agreement (Frontier Communications 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 CompanyCompany 's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) 7.01 or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Donlar Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a) 11.1 or which becomes bound by the terms of this Agreement by operation of lawlaw or otherwise.
Appears in 1 contract
Samples: Transition Employment Agreement (Openwave Systems 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 obligations under this Letter Agreement and agree expressly to perform the obligations under this Letter 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 Letter 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 Section 7(a) or which becomes bound by the terms of this Letter 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 and assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a13(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Synopsys Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company's business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(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 ’s business and/or and assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a14(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Synopsys Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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's ’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Management Retention Agreement (Stratos International Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the 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 Section 7(a13(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, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company's ’s business and/or assets shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the 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 Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract