Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 141 contracts
Samples: Change in Control and Severance (Elevation Oncology, Inc.), An Arbitration Agreement (Nextdoor Holdings, Inc.), Form of Severance Agreement (Equinix Inc)
Company’s Successors. The This Agreement may not be assigned by the Company shall require any except to a successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to the Executive, Company shall require any such successor to assume this Agreement expressly and to agree expressly to perform this Agreement Agreement, in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under As used in this Agreement, the term “Company” shall include mean the Company as defined herein and any successor to the Company’s its business and/or assets or as aforesaid which becomes bound by assumes and agrees to perform this Agreement by operation of law, contract or otherwise.
Appears in 14 contracts
Samples: Executive Employment Agreement (Veris Residential, L.P.), Executive Employment Agreement (Veris Residential, L.P.), Executive Employment Agreement (Veris Residential, L.P.)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 13 contracts
Samples: Change in Control Agreement (Velo3D, Inc.), Change in Control Agreement (Velo3D, Inc.), Change in Control and Severance Agreement (Compass, Inc.)
Company’s Successors. The Any successor to the Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assets shall assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by this Agreement by operation of law.
Appears in 12 contracts
Samples: Employment Agreement (CAI International, Inc.), Employment Agreement, Employment Agreement (CAI International, Inc.)
Company’s Successors. The Company shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to the Executive, assets to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 11 contracts
Samples: Control Agreement (Arcutis Biotherapeutics, Inc.), Control Agreement (Arcutis Biotherapeutics, Inc.), Control Agreement (Arcutis Biotherapeutics, Inc.)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, assets to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 7 contracts
Samples: Retention Agreement (PubMatic, Inc.), Retention Agreement (PubMatic, Inc.), Retention Agreement (PubMatic, Inc.)
Company’s Successors. The This Agreement may not be assigned by the Company shall require any except to a successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets, and the Company shall, by an agreement in substance and form satisfactory to the Executiveoperation of law, contract or otherwise, require any such successor to assume this Agreement and to agree expressly to perform this Agreement Agreement, in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under As used in this Agreement, the term “Company” shall include mean the Company as defined herein and any successor to the Company’s its business and/or assets or as aforesaid which becomes bound by assumes and agrees to perform this Agreement by operation of law, contract or otherwise.
Appears in 6 contracts
Samples: Executive Employment Agreement (Workspace Property Trust), Executive Employment Agreement (Workspace Property Trust), Executive Employment Agreement (Workspace Property Trust)
Company’s Successors. The Company shall may require any successor (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance assets of the Company to expressly assume and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as that the Company would be required to perform it if no such succession had taken place. As used in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include mean the Company as hereinbefore defined and any successor to the Company’s its business and/or assets as aforesaid which executes and delivers the agreement provided for in this Section 11 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement (Rex Energy Corp), Employment Agreement (Rex Energy Corp)
Company’s Successors. The Any successor to the Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assets shall assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by this Agreement by operation of law.
Appears in 6 contracts
Samples: Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.), Employment Agreement (CAI International, Inc.)
Company’s Successors. The Any successor to the Company shall require any successor (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, by an agreement in substance and form satisfactory to assets shall assume the Executive, to assume Company’s obligations under this Agreement and to agree expressly to perform the Company’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform it 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 that assumes this Agreement or which that becomes bound by the terms of this Agreement by operation of law.
Appears in 6 contracts
Samples: Employment Agreement (Authentec Inc), Employment Agreement (Authentec Inc), Employment Agreement (Authentec Inc)
Company’s Successors. The Company This Agreement shall require be binding upon any successor (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. The Company shall require any successor, by an agreement in form and substance and form reasonably satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as that the Company would be required to perform it in the absence of a successionif no such succession had taken place. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which that becomes bound by this Agreement by operation of lawAgreement.
Appears in 5 contracts
Samples: Employment and Severance Agreement (TigerLogic CORP), Employment and Severance Agreement (TigerLogic CORP), Employment and Severance Agreement (TigerLogic CORP)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, agree to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or any successor which becomes bound by this Agreement by operation of law.
Appears in 5 contracts
Samples: Control and Severance Agreement (Morphic Holding, Inc.), Change in Control and Severance Agreement (Morphic Holding, Inc.), Change in Control and Severance Agreement (Morphic Holding, Inc.)
Company’s Successors. The This Agreement may not be assigned by the Company shall require any except to a successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to the Executive, Company shall require any such successor to assume this Agreement expressly and to agree expressly to perform this Agreement Agreement, in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under As used in this Agreement, the term “Company” shall include mean the Company as defined herein and any successor to the Company’s its business and/or assets or as aforesaid which becomes bound by assumes and agrees to perform this Agreement by operation of law., contract or otherwise.
Appears in 4 contracts
Samples: Executive Employment Agreement (Mack Cali Realty L P), Executive Employment Agreement (Mack Cali Realty L P), Executive Employment Agreement (Mack Cali Realty L P)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the ExecutiveEmployee, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 4 contracts
Samples: Vice President Severance Agreement (Aeglea BioTherapeutics, Inc.), Vice President Severance Agreement (Aeglea BioTherapeutics, Inc.), Vice President Severance Agreement (Aeglea BioTherapeutics, Inc.)
Company’s Successors. The Any successor to the Company shall require any successor (whether direct directly or indirect indirectly and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) otherwise to all or substantially all of the Company’s 's business and/or assets, by an agreement in substance and form satisfactory to the Executive, to ) shall assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include without limitation any successor to the Company’s 's business and/or assets which executes and delivers an assumption agreement or which becomes bound by this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Mendocino Brewing Co Inc), Employment Agreement (Mendocino Brewing Co Inc), Employment Agreement (Mendocino Brewing Co Inc)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “"Company” " shall include any successor to the Company’s 's business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 4 contracts
Samples: Severance Agreement (Aeglea BioTherapeutics, Inc.), Letter Agreement (Ziprecruiter, Inc.), Control and Severance Agreement (Ziprecruiter, Inc.)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and Executive’s offer letter and to agree expressly to perform this Agreement and Executive’s offer letter in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 3 contracts
Samples: Severance Agreement, Severance Agreement (Equinix Inc), Severance Agreement (Equinix Inc)
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 3 contracts
Samples: Control Agreement (Alteryx, Inc.), Severance and Change in Control Agreement (Alteryx, Inc.), Severance and Change in Control Agreement (Alteryx, Inc.)
Company’s Successors. The Company shall will require any successor (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to assets of the ExecutiveCompany, to expressly assume this Agreement and to agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform it if no such succession had taken place. As used in the absence of a succession. For all purposes under this AgreementSection 10, the term “Company” shall include "COMPANY" includes any successor to the Company’s its business and/or or assets as aforesaid which executes and delivers this Agreement or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Mips Technologies Inc, Mips Technologies Inc
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.. (b)
Appears in 2 contracts
Samples: Retention Agreement, Remitly Global, Inc.
Company’s Successors. The Company shall require any successor (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, by an agreement in substance and form reasonably satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (Energous Corp)
Company’s Successors. The Company shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s Exhibit 10.47 business and/or assets, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Equinix Inc)
Company’s Successors. The Company shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Smartsheet Inc)
Company’s Successors. The Company shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) GDSVF&H\836780.1 5846195v2 to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as the Company would be required to perform it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets or which becomes bound by this Agreement by operation of law.
Appears in 1 contract
Samples: Change of Control (Synacor, Inc.)
Company’s Successors. The Company shall will require any successor (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance and form satisfactory to assets of the ExecutiveCompany, to expressly assume this Agreement and to agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform it if no such succession had taken place. As used in the absence of a succession. For all purposes under this AgreementParagraph 10, the term “"Company” shall include " includes any successor to the Company’s its business and/or or assets as aforesaid which executes and delivers this Agreement or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Samples: Silicon Graphics Inc /Ca/
Company’s Successors. The Company shall require any successor (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets, by an agreement in substance assets of the Company to expressly assume and form satisfactory to the Executive, to assume this Agreement and to agree expressly to perform this Agreement in the same manner and to the same extent as that the Company would be required to perform it if no such succession had taken place. As used in the absence of a succession. For all purposes under this Agreement, "Company" shall mean the term “Company” shall include Company as hereinbefore defined and any successor to the Company’s its business and/or assets as aforesaid which executes and delivers the agreement provided for in this Section 12 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law. This Agreement shall not otherwise be assignable by the Company.
Appears in 1 contract