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 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 assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 21 contracts
Samples: Employment Agreement (Cymer Inc), Employment Agreement (Cymer Inc), Employment Agreement (Cymer 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 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 and/or assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 15 contracts
Samples: Change of Control Severance Agreement (Codexis, Inc.), Change of Control Severance Agreement (Codexis, Inc.), Restrictive Covenants Agreement (American Airlines, 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 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 assets Successor which executes and delivers the assumption agreement described in this Section 10(a9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 13 contracts
Samples: Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, Inc.), Retention Agreement (Retail Properties of America, 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 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 assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 11 contracts
Samples: Employment Agreement (Cymer Inc), Employment Agreement (Cymer Inc), Employment Agreement (Cymer 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 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 assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 9 contracts
Samples: Severance Agreement (Phoenix Technologies LTD), Severance Agreement (Metacreations Corp), Severance Agreement (Metacreations 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 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 assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Employment Agreement (Cymer Inc), Employment Agreement (Cymer Inc), Employment Agreement (Cymer 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 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 assets which executes and delivers the assumption agreement described in this Section 10(a9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Magma Design Automation Employment and Severence Agreement (Magma Design Automation Inc), Employment Agreement (Synopsys Inc), Magma Design Automation Employment and Severence Agreement (Magma Design Automation 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 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 assets Company which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Management Retention Agreement, Management Retention Agreement (Peregrine Semiconductor 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 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 assets Company which executes and delivers the assumption agreement described in this Section 10(a9 (a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Management Retention Agreement (Smith Micro Software Inc), Management Retention Agreement (Pc Tel 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 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 and/or assets which executes and delivers the assumption agreement described in this Section 10(a) ), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment Agreement (Nuverra Environmental Solutions, Inc.), Employment Agreement (Nuverra Environmental Solutions, 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 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 assets which executes and delivers the assumption agreement described in this Section 10(a9(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Employment and Severance Agreement (Netgravity Inc), Employment Agreement (Synopsys Inc)
Company’s Successors. Any successor successors 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 assets shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and mannner annd 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 assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Employment Agreement (Cymer 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 10(a9(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 (Corsair Gaming, 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 substan- tially all of the Company's ’s business and 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 and/or assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change of Control Severance Agreement (Codexis, 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 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 and/or assets which executes and delivers the assumption agreement described in this Section 10(a) or which becomes bound by the terms of this Agreement by operation of law.. |US-DOCS\127894197.1||
Appears in 1 contract
Samples: Change of Control Severance Agreement (Codexis, Inc.)
