Common use of Consolidation, Merger or Sale of Assets Clause in Contracts

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging into, or transferring all or substantially all of its assets to another entity which assumes all of the Company’s obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 13 contracts

Samples: Employment and Non Competition Agreement (Powersecure International, Inc.), Employment and Non Competition Agreement (Powersecure International, Inc.), Employment and Non Competition Agreement (Metretek Technologies Inc)

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement AGREEMENT shall preclude the Company COMPANY or the HOLDING COMPANY from consolidating with, merging into, or transferring all all, or substantially all all, of its their assets to another entity which corporation that assumes all of the Company’s their obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” "COMPANY" as used herein herein, shall mean such other corporation or entity, and this Agreement AGREEMENT shall continue in full force and effect.

Appears in 12 contracts

Samples: Employment Agreement (United Community Financial Corp), Employment Agreement (United Community Financial Corp), Employment Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement AGREEMENT shall preclude the Company BANK from consolidating with, merging into, or transferring all all, or substantially all, of their assets to another corporation that assumes all of its assets to another entity which assumes all of the Company’s obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “CompanyBANK” as used herein herein, shall mean such other corporation or entity, and this Agreement AGREEMENT shall continue in full force and effect.

Appears in 12 contracts

Samples: Bank Employment Agreement (United Community Bancorp), Bank Employment Agreement (United Community Bancorp), Bank Employment Agreement (United Community Bancorp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another to, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or merger, transfer of assetsassets or other business combination and assumption, the term “Company” as used herein shall mean such other entity, person or entity and this Agreement shall continue in full force and effect.

Appears in 11 contracts

Samples: Employment Agreement (Berliner Communications Inc), Employment Agreement (Berliner Communications Inc), Employment Agreement (Berliner Communications Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "Company" as used herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 11 contracts

Samples: Employment Agreement, Employment Agreement (Weis Markets Inc), Employment Agreement (Weis Markets Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another to, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or merger, transfer of assetsassets or other business combination and assumption, the term "Company" as used herein shall mean such other entity, person or entity and this Agreement shall continue in full force and effect.

Appears in 10 contracts

Samples: Employment Agreement (Elite Pharmaceuticals Inc /De/), Agreement and Plan of Merger (Logimetrics Inc), Employment Agreement (Barringer Technologies Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which that assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumption, the term “the Company” as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 10 contracts

Samples: Restricted Stock Agreement (Bon Ton Stores Inc), Employment Agreement (Redwood Scientific Technologies, Inc.), Employment Agreement (Redwood Scientific Technologies, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company Bank from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Bank hereunder. Upon such a consolidation, merger or transfer of assetsassets or assumption, the term “Companythe Bank” as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 10 contracts

Samples: Employment Agreement (Ameriana Bancorp), Employment Agreement (Ameriana Bancorp), Employment Agreement (Ameriana Bancorp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, or with, or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger consolidation or transfer of assetsmerger, the term “use of the word "Company” as used " herein shall mean such other entitycorporation, and this Agreement shall continue in full force and effect.

Appears in 9 contracts

Samples: Agreement (Ladd Furniture Inc), Agreement (Ladd Furniture Inc), Agreement (Ladd Furniture Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, the term “the Company” as used herein shall will mean such the other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 8 contracts

Samples: Employment Agreement (Biomimetic Therapeutics, Inc.), Employment Agreement (Biomimetic Therapeutics, Inc.), Employment Agreement (Biomimetic Therapeutics, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "Company" as used herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 8 contracts

Samples: Employment Agreement (Medix Resources Inc), Executive Employment Agreement (Medix Resources Inc), Employment Agreement (Medix Resources Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 8 contracts

Samples: Employment Agreement (U S Physicians Inc), Employment Agreement (Mellon Bank Corp), Employment Agreement (Tek Digitel Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all of the Company’s obligations and undertakings of the company hereunder. Upon such a consolidation, merger or transfer sale of assets, the term "the Company" as used herein shall will mean such the other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 6 contracts

Samples: Employment Agreement (Biomimetic Therapeutics, Inc.), Employment Agreement (Biomimetic Therapeutics, Inc.), Employment Agreement (Biomimetic Therapeutics, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 6 contracts

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.), Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, the term “the Company” as used herein shall will mean such the other entity, entity and this Agreement shall continue in full force and effect.

Appears in 4 contracts

Samples: Employment Agreement (National Health Investors Inc), Employment Agreement (National Health Investors Inc), Employment Agreement (National Health Investors Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another individual, entity which or business that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 4 contracts

Samples: Confidentiality, Non Competition and Severance Pay Agreement (American Homepatient Inc), Confidentiality, Non Competition and Severance Pay Agreement (American Homepatient Inc), Separation and Release Agreement (American Homepatient Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term term, “Company” as used herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 4 contracts

Samples: Employment Agreement (Weis Markets Inc), Employment Agreement (Weis Markets Inc), Employment Agreement (Mellon Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging into, or transferring all or substantially all of its assets to another entity which assumes all of the Company’s 's obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term "Company" as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 4 contracts

Samples: Employment and Non Competition Agreement (Metretek Technologies Inc), Employment and Non Competition Agreement (Metretek Technologies Inc), Employment and Non Competition Agreement (Metretek Technologies Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all obligations and understandings of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Cotter & Co), Employment Agreement (Cotter & Co), Employment Agreement (Cotter & Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “Company” as used herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Mellon Financial Corp), Employment Agreement (Mellon Financial Corp), Employment Agreement (Mellon Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this ---------------------------------------- Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or acquiring entity which assumes this Agreement and all obligations and undertakings of the Company’s obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co), Employment Agreement (Aquarion Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another to, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or merger, transfer of assetsassets or other business combination and assumption, the term "Company” as " used herein shall mean such other entity, person or entity and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Iat Multimedia Inc), Employment Agreement (Iat Multimedia Inc), Employment Agreement (Printonthenet Com Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "Company" as used herein shall mean such other entitycorporation, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Mellon Bank Corp), Employment Agreement (Mellon Bank Corp), Employment Agreement (Mellon Bank Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to another entity that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "the Company", as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources), Severance Agreement (Berkshire Energy Resources)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging into, or transferring all all, or substantially all all, of its assets to another entity which corporation that assumes all of the Company’s its obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Company Employment Agreement (United Community Bancorp), Company Employment Agreement (United Community Bancorp), Company Employment Agreement (United Community Bancorp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company COMPANY from consolidating with, merging into, or transferring all all, or substantially all all, of its assets to another entity which corporation that assumes all of the Company’s its obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “CompanyCOMPANY” as used herein herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 3 contracts

Samples: Company Employment Agreement (United Community Bancorp), Company Employment Agreement (United Community Bancorp), Company Employment Agreement (United Community Bancorp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating consolidation or merging into or with, merging into, or transferring all or substantially all of their or its assets to assets, to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets assumption, the term "Call Compliance" or the "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Compliance Systems Corp), Employment Agreement (Compliance Systems Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude or otherwise restrict the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another individual, entity which or business that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Change in Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.), Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall will preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another to, any other corporation or entity (including, without limitation, any affiliate or subsidiary of Cendant or the Company) which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, assets the term “Company” as used herein shall will mean such other entity, corporation or entity and this Agreement shall will continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Affinion Loyalty Group, Inc.), Employment Agreement (Affinion Loyalty Group, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this ---------------------------------------- Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Amerisource Distribution Corp), Employment Agreement (Ikon Office Solutions Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all a substantial portion of its assets to to, another entity which that assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumption, the term “Company” as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Bon Ton Stores Inc), Employment Agreement (Bon Ton Stores Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term “the Company” as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Quamtel, Inc.), Employment Agreement (Voip Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation, which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Singing Machine Co Inc), Employment Agreement (Singing Machine Co Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company Corporation from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Corporation hereunder. Upon such a consolidationconsolidation or merger, merger or transfer of assets, the term “Company” Corporation as used described herein shall mean such other entitycorporation, and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Agreement (First National Corp /Sc/), Notice (First National Corp /Sc/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term “the Company” as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect, subject to the provisions of Section III, Paragraph 4 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.), Employment Agreement (Heritage Insurance Holdings, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which assumes expressly assumes, in a writing reasonably acceptable to Employee, this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Bon Ton Stores Inc), Employment Agreement (Bon Ton Stores Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to another entity corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "the Company", as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Control Agreement (Tucson Electric Power Co), Control Agreement (Tucson Electric Power Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and such assumption, the term “Company” as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Consulting Agreement (Inmune Bio, Inc.), Consulting Agreement (Inmune Bio, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging in to or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all obligations and undertaking of the Company’s obligations and undertakings Company hereunder. Upon No such a consolidation, merger or transfer shall affect the rights of assets, Xxxxxx or the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effectobligations of the Company hereunder.

Appears in 2 contracts

Samples: Retention Bonus Agreement (Advocat Inc), Retention Bonus Agreement (Advocat Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Agreement (Battle Mountain Gold Co), Agreement for Consulting Services (Battle Mountain Gold Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging intointo or transferring all, or transferring all or substantially all all, of its assets to another entity which corporation that assumes all of the Company’s its obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (First Defiance Financial Corp), Employment Agreement (First Defiance Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement ---------------------------------------- shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Ikon Office Solutions Inc), Employment Agreement (Amerisource Distribution Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall will preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another to, any other corporation or entity (including, without limitation, any affiliate or subsidiary of Cendant Corporation or the Company) which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, assets the term “Company” as used herein shall will mean such other entity, corporation or entity and this Agreement shall will continue in full force and effect.

Appears in 2 contracts

Samples: Severance Agreement (Affinion Loyalty Group, Inc.), Severance Agreement (Affinion Loyalty Group, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect, subject to the provisions of Section III, Paragraph 4 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.), Employment Agreement (Heritage Insurance Holdings, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to another entity that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “the Company”, as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Severance Agreement (Unitil Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another individual, entity which assumes all of the Company’s obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effectbusiness.

Appears in 1 contract

Samples: Confidentiality, Non Competition and Severance Pay Agreement (American Homepatient Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to another entity corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term term, the Company”, as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Unisource Energy Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Bon Ton Stores Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging in to or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all obligations and undertaking of the Company’s obligations and undertakings Company hereunder. Upon No such a consolidation, merger or transfer shall affect the rights of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effectEmployee or the obligations of the Company hereunder.

Appears in 1 contract

Samples: Retention Agreement (Nu Kote Holding Inc /De/)

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to another entity corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term term, the Company,” as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Control Agreement (Tucson Electric Power Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or acquiring entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “Company” term, Athe Company@, as used herein shall mean such other entity, corporation or acquiring entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Harris & Harris Group Inc /Ny/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from form consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Agreement (Grange National Banc Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging into, or transferring all or substantially all of its assets to another entity which assumes all of the Company’s obligations and undertakings hereunder. Upon In such a consolidation, merger or transfer of assetsevent, the term “Company,” as used herein herein, shall mean such other entitythe Company (as defined herein), and this Agreement shall continue in full force and effectany such successor or assignee.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (Powersecure International, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of or its assets to to, another entity which corporation that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Executive Agreement (San Vicente Group Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, merging into, or transferring all or substantially all of its assets to another entity which assumes all of the Company’s obligations and undertakings hereunder. Upon In such a consolidation, merger or transfer of assetsevent, the term “Company,” as used herein herein, shall mean such other entitythe Company (as defined herein), and this Agreement any such successor or assignee, and Employee’s rights and duties, including his rights to compensation and the Severance, shall continue remain in full force and effecteffect thereafter as in effect prior to such transaction.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (Powersecure International, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall will preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, assets the term “the Company” as used herein shall will mean such the other entity, corporation and this Agreement shall will continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Cendant Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation, which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and such assumption, the term "Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment and Noncompetition Agreement (Primesource Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.,

Appears in 1 contract

Samples: Employment Agreement (U S Physicians Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating with, or merging into, or with, or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings hereunderof the Company hereunder (“Business Transfer”). Without further action by the Company, a Business Transfer in itself shall not constitute a termination of the Executive’s employment. Upon such a consolidation, merger or transfer of assetsBusiness Transfer, the term use of the word “Company” as used herein shall mean such other entitycorporation, and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Executive Employment Agreement (Fushi Copperweld, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation, which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term “the Company” as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Singing Machine Co Inc)

Consolidation, Merger or Sale of Assets. Nothing ---------------------------------------- in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another corporation or acquiring entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "the Company", as used herein shall mean such other entity, corporation or acquiring entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation or party which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Helen of Troy LTD)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude or otherwise restrict the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another individual, entity which or business that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assets, [Signatures on the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effectfollowing page.]

Appears in 1 contract

Samples: Change in Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation, which assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Singing Machine Co Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or from transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder; provided, that no such action shall diminish the Executive's rights hereunder. Upon such a consolidation, merger merger, or transfer of assets, or any assumption of the Company, the term the "Company" as used herein herein, shall mean such other entity, and this Agreement shall continue in full force and effectcorporation.

Appears in 1 contract

Samples: Consulting Agreement

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to another entity which assumes all that of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “the Company”, as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Severance Agreement (Unitil Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to another entity that of the Company and which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "the Company," as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect. 16.

Appears in 1 contract

Samples: Employment Agreement (Tucson Electric Power Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement, and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.assets and

Appears in 1 contract

Samples: Employment Agreement (AMERICAN COASTAL INSURANCE Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which individual, entity, or business that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein shall mean such other entity, and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Confidentiality, Non Competition and Severance Pay Agreement (American Homepatient Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company or the Holding Company from consolidating with, merging into, or transferring all all, or substantially all all, of its their assets to another entity which corporation that assumes all of the Company’s their obligations and undertakings hereunder. Upon such a consolidation, merger or transfer of assets, the term “Company” as used herein herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this the Agreement shall preclude the Company from consolidating with, or merging into, into or with or transferring all or substantially all of its assets to another entity corporation which assumes this Agreement and all obligations and undertaking of the Company’s obligations and undertakings Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term term, the Company”, as used herein here shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Xsunx Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein shall mean such other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Executive Employment Agreement (San Vicente Group Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or 11 substantially all of its assets to to, another corporation or acquiring entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer of assetsassets and assumption, the term “term, "the Company", as used herein shall mean such other entity, corporation or acquiring entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity corporation which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder; provided that no such action shall diminish the Executive's rights hereunder, including, without limitation, rights under Section 4(C). Upon such a consolidation, merger or transfer of assetsassets in assumption, the term "Company" as used herein shall mean such other entity, and this Agreement shall continue in full force and effectcorporation.

Appears in 1 contract

Samples: Employment Agreement (Houston Lighting & Power Co)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which that assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Redwood Scientific Technologies, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all obligations of the Company’s obligations and undertakings Company hereunder, in writing. Upon such a consolidation, merger merger, or transfer of assetsassets and assumption, the term "the Company" as used herein herein, shall mean such other entity, corporation and this Agreement shall continue continued in full force and effect.

Appears in 1 contract

Samples: Executive Agreement (San Vicente Group Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon such a consolidation, merger or transfer sale of assets, the term "the Company" as used herein shall will mean such the other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Biomimetic Therapeutics, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which corporation that assumes this Agreement and all of the Company’s obligations and undertakings of the company hereunder. Upon such a consolidation, merger or transfer sale of assets, the term “the Company” as used herein shall will mean such the other entity, corporation and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Biomimetic Therapeutics, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, merging into, or transferring all or substantially all of its assets to to, another entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger or transfer of assetsassets and assumptions, the term "the Company" as used herein herein, shall mean such other entity, entity and this Agreement shall continue in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Bon Ton Stores Inc)

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