Common use of Company’s Successors Clause in Contracts

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.)

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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 44 contracts

Samples: Employment Agreement (Verrica Pharmaceuticals Inc.), Employment Agreement (Verrica Pharmaceuticals Inc.), Employment Agreement (Corvus Pharmaceuticals, 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.), Control and Severance Agreement Adopted November (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 18 contracts

Samples: Management Retention Agreement (Bell Microproducts Inc), Management Retention Agreement (Bell Microproducts 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 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. 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 7 contracts

Samples: Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Phoenix Technologies LTD)

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), Employment 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 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, 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 (Catalytica Energy Systems Inc), Employment Agreement (Renegy Holdings, 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 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(a) ), or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: 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, 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, 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: Employment Agreement (Storage Technology Corp), 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, 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 ’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 liquidation, spin-off 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 4 contracts

Samples: Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR Inc.), Management Retention Agreement (3PAR 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 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, 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 and Executive Severance 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 (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 ’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(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, 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, 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 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), Consulting Agreement (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(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 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: Control Severance Agreement (Ardelyx, Inc.), 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 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 ’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, 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

Samples: Management Continuity Agreement (Actel 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

Samples: Management Retention Agreement (3com 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" 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 ’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)

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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 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, 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 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.. (b)

Appears in 1 contract

Samples: Diamond Multimedia (Diamond Multimedia 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 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: Key Employee Retention Agreement (Claria 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 "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: Control 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 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(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

Samples: Storage 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 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.. (b)

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 EXECUTION VERSION 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

Samples: 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(a9 (a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: 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 "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: Control Severance 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 ’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 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 "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

Samples: Change of Control Agreement (Igo 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" 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, 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

Samples: 2000 Stock Plan (Sonic Innovations 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 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, 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

Samples: Management Retention Agreement (3com 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" 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

Samples: 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 that executes and delivers the assumption agreement described in this Section 7(a5(a) or which that becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Agreement (Xenoport 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(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Employment Agreement (Storage 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 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: Key Employee Retention Agreement (Claria 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 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 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

Samples: Stock Option Agreement (Sonic Innovations 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

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 ’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

Samples: 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 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)

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