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 6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 19 contracts
Samples: Change of Control Severance Agreement (Sync Research Inc), Key Employee Retention Agreement (Pets Com Inc), Management Retention Agreement (Bell Microproducts 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 6(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 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 6(a) 5(a), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 7 contracts
Samples: Change of Control and Severance Agreement (Informix Corp), Change of Control and Severance Agreement (Informix Corp), Change of Control and Severance Agreement (Informix Corp)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or 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 6(a5(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 5 contracts
Samples: Change of Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion 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 6(a5(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 5 contracts
Samples: Change of Control Agreement (Xenoport Inc), Change of Control Agreement (Symyx Technologies Inc), Change of Control Agreement (Xenoport Inc)
Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, reorganization, recapitalization, 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 6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 4 contracts
Samples: Management Retention Agreement (Rancher Energy Corp.), Management Retention Agreement (Rancher Energy Corp.), Management Retention Agreement (Rancher Energy Corp.)
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 6(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 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 6(a8(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 3 contracts
Samples: Change of Control Severance Agreement (Sync Research Inc), Change of Control Severance Agreement (Sync Research Inc), Change of Control Severance Agreement (Sync Research 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 6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 2 contracts
Samples: Change in Control Agreement (Netcom Systems Inc), Change in Control Agreement (Netcom 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 6(a) or which becomes bound by the terms of this Agreement by operation of law.
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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 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 6(a) 8.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, 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 6(a) or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Stock Option and Restricted Stock Purchase 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 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 6(a7(a) or which becomes bound by the terms of this Agreement by operation of law.
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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 successor• to the Company's ’s business and/or assets which executes and delivers the assumption agreement described in this Section 6(a5(a) or which becomes bound by the terms of this Agreement by operation of law.
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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 that executes and delivers the assumption agreement described in this Section 6(a5(a) or which that becomes bound by the terms of this Agreement by operation of law.
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Company’s Successors. Any successor to the Company (whether 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 described. in this Section 6(a) 5(a), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Informix 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 an assumption agreement described in this Section 6(a) 5(a), or which becomes bound by the terms of this Agreement by operation of law.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Ascential Software Corp)