Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall perform the Company’s, or ensure that the Company performs its, 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.
Appears in 27 contracts
Samples: Release Agreement (Fibrogen Inc), Change in Control and Severance Agreement (New Relic, Inc.), Executive Agreement (Instructure Holdings, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.
Appears in 17 contracts
Samples: Control and Severance Agreement (Hims & Hers Health, Inc.), Severance and Change in Control Agreement (Coupa Software Inc), Severance and Change in Control Agreement (Coupa Software Inc)
Company’s Successors. Any The Company will require any successor to the Company (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 shall assume of the Company’s, or ensure that the Company fully performs its, obligations under this Agreement to expressly assume and shall agree to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform if no such obligations succession had taken place. As used in this Section 7, Company includes any successor to its business or assets as aforesaid which executes and delivers this Agreement or which otherwise becomes bound by all the absence terms and provisions of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorAgreement by operation of law.
Appears in 14 contracts
Samples: Atec Severance Agreement (Alphatec Holdings, Inc.), Alphatec Severance Agreement (Alphatec Holdings, Inc.), Alphatec Severance Agreement (Alphatec Holdings, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets (a “Successor”) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, 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 successorSuccessor becomes bound by the terms of this Agreement by operation of law.
Appears in 11 contracts
Samples: Executive Employment Agreement (Criteo S.A.), Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Inventure Foods, Inc.)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’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, unless otherwise agreed upon in writing by the Employee and such successor. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.
Appears in 10 contracts
Samples: Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, 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 successorsuccessor to the Company’s business and/or assets.
Appears in 9 contracts
Samples: Change in Control and Severance Agreement (Intermolecular Inc), Change in Control and Severance Agreement (Intermolecular Inc), Change in Control and Severance Agreement (Intermolecular 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 assets, shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall be obligated to perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.
Appears in 8 contracts
Samples: Change of Control Severance Agreement (Impac Medical Systems Inc), Change in Control Severance Agreement (Watchguard Technologies Inc), Change in Control Severance Agreement (Watchguard Technologies Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement Amendment and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement Amendment 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. Failure of the Company to obtain such agreement shall be a material breach of this Amendment. For all purposes under this AgreementAmendment, the term “"Company” " shall include any such successorsuccessor to the Company's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Amendment by operation of law.
Appears in 5 contracts
Samples: Stock Option Agreement (Jda Software Group Inc), Stock Option Agreement (Jda Software Group Inc), Stock Option Agreement (Jda Software Group Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwiseindirect) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree (either expressly or by operation of law) to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.
Appears in 4 contracts
Samples: Change of Control and Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Formfactor Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwiseindirect) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Vocera Communications, Inc.), Change of Control Severance Agreement (Vocera Communications, Inc.), Change of Control Severance Agreement (Formfactor Inc)
Company’s Successors. Any The Company shall require a successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall September 8, 2020 Xxxxxxx X. Xxxx Employment Agreement (each a “Successor Company”) to assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement such obligations 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 successorSuccessor Company which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets (or, in the case of a transaction described in subsection 8(c)(v), the successor to such business or division) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, 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 successorsuccessor to the Company which executes and delivers the assumption agreement described in this Section 9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Management Retention Agreement (C Cube Microsystems Inc/De)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall perform the Company’s, or ensure that the Company performs its, 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.term
Appears in 1 contract
Samples: Change of Control and Severance Agreement (PROCEPT BioRobotics Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to or any purchaser of all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’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, unless otherwise agreed upon in writing by Executive and such successor. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.
Appears in 1 contract
Company’s Successors. Any successor successors to the Company (whether direct director 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 (or, in the case of a transaction described in subsection 8(c)(v), the successor to such business or division) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, 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 successorsuccessor to the Company which executes and delivers the assumption agreement described in this Section 9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Management Retention Agreement (C Cube Microsystems Inc/De)