Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 32 contracts
Samples: Employment Agreement (Price Legacy Corp), Employment Agreement (Price Legacy Corp), Executive Employment Agreement (Biofield Corp \De\)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined defined, and any successor to its or the Company’s business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 18 contracts
Samples: Employment Agreement (Chaparral Energy, Inc.), Employment Agreement (Chaparral Energy, Inc.), Employment Agreement (Chaparral Energy, Inc.)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred transferred, except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean the Company as herein before hereinabove defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 10 contracts
Samples: Employment Agreement (Clear Channel Outdoor Holdings, Inc.), Employment Agreement (Clear Channel Outdoor Holdings, Inc.), Employment Agreement (Clear Channel Communications Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred transferred, except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 11 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 7 contracts
Samples: Employment Agreement (Verado Holdings Inc), Employment Agreement (Firstworld Communications Inc), Employment Agreement (Firstworld Communications Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 12 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 (Dobson Communications Corp), Employment Agreement (Dobson Communications Corp), Employment Agreement (Dobson Communications Corp)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 12 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 5 contracts
Samples: Employment Agreement (Ladenburg Thalmann Financial Services Inc), Employment Agreement (Fleming Companies Inc /Ok/), Employment Agreement (Fleming Companies Inc /Ok/)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwiseotherwise as provided in this Section 10(a)) which executes and delivers the agreement provided for in this Section 13 10 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 5 contracts
Samples: Change of Control Agreement (Southwest Bancorp Inc), Change of Control Agreement (Southwest Bancorp Inc), Change of Control Agreement (Southwest Bancorp Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Price Legacy Corp), Employment Agreement (Price Legacy Corp), Employment Agreement (Price Legacy Corp)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 12 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" Company shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Clear Channel Communications Inc), Employment Agreement (Clear Channel Communications Inc), Employment Agreement (Clear Channel Communications Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will shall require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwiseotherwise as provided in this Section 12(a)) which executes and delivers the agreement provided for in this Section 13 12(a) or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Robbins & Myers Inc), Employment Agreement (Robbins & Myers Inc), Employment Agreement (Robbins & Myers Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined hereinbefore defined, and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 3 contracts
Samples: Employment Agreement (Bank7 Corp.), Employment Agreement (Bank7 Corp.), Employment Agreement (Bank7 Corp.)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred transferred, except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean the Company as herein before hereinabove defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 3 contracts
Samples: Merger Agreement (C C Media Holdings Inc), Merger Agreement (BT Triple Crown Capital Holdings III, Inc.), Employment Agreement (C C Media Holdings Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require may assign this Agreement to any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to if such successor expressly assume assumes and agree agrees to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14(a) or which otherwise becomes bound by all of the terms and provisions conditions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Dynamex Inc), Employment Agreement (Dynamex Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (New Plan Excel Realty Trust Inc), Employment Agreement (New Plan Excel Realty Trust Inc)
Company’s Successors. No rights or obligations obligation of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Noncompete Agreement (El Sitio Inc), Non Compete Agreement (El Sitio Inc)
Company’s Successors. No rights or obligations of the Company or the Employer under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation reorganization, sale, transfer of stock, consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined defined, and any successor to its or the Company’s business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Chaparral Energy, Inc.), Employment Agreement (Chaparral Energy, Inc.)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined defined, and any successor to its or the Company’s business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 15 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Separation and Release Agreement (LSB Industries Inc), Severance Agreement (LSB Industries Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 10 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (New Plan Excel Realty Trust Inc), Employment Agreement (New Plan Excel Realty Trust Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 16 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Price Legacy Corp), Executive Employment Agreement (Sulphco Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 11 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Smart Video Technologies Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will shall require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwiseotherwise as provided in this Section 10(a)) which executes and delivers the agreement provided for in this Section 13 10 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Samples: Executive Officer Change of Control Agreement (Robbins & Myers Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined defined, and any successor to its or the Company’s business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.. LA\2083111.2
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement Agreement, in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined defined, and any successor to its or the Company’s business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 9 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 17 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (New Plan Excel Realty Trust Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will shall require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwiseotherwise as provided in this Section 10(a)) which executes and delivers the agreement provided for in this Section 13 10 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Samples: Executive Officer Change of Control Agreement (Robbins & Myers Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to agree. to. perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 14 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require may assign this Agreement to any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to if such successor expressly assume assumes and agree agrees to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 7(a) or which otherwise becomes bound by all of the terms and provisions conditions of this Agreement by operation of law.
Appears in 1 contract
Samples: Consulting Agreement (Dynamex Inc)
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as herein before defined and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 15 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will shall require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean means the Company as herein before hereinbefore defined and any successor to its business and/or assets (by merger, purchase or otherwiseotherwise as provided in this Section 12(a)) which executes and delivers the agreement provided for in this Section 13 12(a) or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. No rights or obligations of the Company under this Agreement may be assigned or transferred except that the Company will require any successor (whether direct or indirect, by purchase, merger, reorganization, sale, transfer of stock, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, "“Company" shall mean ” means the Company as herein before defined hereinbefore defined, and any successor to its business and/or assets (by merger, purchase or otherwise) which executes and delivers the agreement provided for in this Section 13 15 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
Appears in 1 contract
