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 or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 18 contracts

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

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all all, or substantially all all, of its their assets to, to another corporation which that assumes this Agreement, all their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 16 contracts

Samples: Severance and Change in Control Agreement (First Defiance Financial Corp), Employment Agreement (United Community Financial Corp), Severance and Change in Control Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all or substantially all of its assets to, to another corporation entity which assumes this Agreement, and all obligations of the Company Company’s obligations and undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, herein shall mean such other corporation entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 13 contracts

Samples: Employment & Human Resources (Powersecure International, Inc.), Employment Agreement (Metretek Technologies Inc), Employment Agreement (Powersecure International, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement AGREEMENT shall preclude the Company COMPANY or the HOLDING COMPANY from consolidating or with, merging into or withinto, or transferring all all, or substantially all all, of its their assets to, to another corporation which that assumes this Agreement, all their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the CompanyCOMPANY" as used herein, shall mean such other corporation or entity, and this Agreement AGREEMENT shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 12 contracts

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.), 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, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" as used herein, herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation or engaging in any other business combination with, any other person or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets or other business combination and assumption, the term "the Company" as used herein, herein shall mean such other corporation person or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation or engaging in any other business combination with, any other person or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets or other business combination and assumption, the term "the Company" as used herein, herein shall mean such other corporation person or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 10 contracts

Samples: Employment Agreement (Elite Pharmaceuticals Inc /De/), Employment Agreement (Barringer Technologies Inc), Employment Agreement (Logimetrics Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets toto another corporation. In that event, another such other corporation which assumes shall assume this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 10 contracts

Samples: Senior Executive Agreement (Hanover Foods Corp /Pa/), Senior Executive Agreement (Hanover Foods Corp /Pa/), Senior Executive Agreement (Hanover Foods Corp /Pa/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 10 contracts

Samples: Employment 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 from consolidating or merging into into, or with, or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidation, a consolidation or merger, or transfer the use of assets and assumption, the term word "the Company" as used herein, herein shall mean such other corporation corporation, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 9 contracts

Samples: Executive Employment Agreement (Ladd Furniture Inc), Executive Employment Agreement (Ladd Furniture Inc), Executive Employment 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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 8 contracts

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 8 contracts

Samples: Executive Employment Agreement (Medix Resources Inc), Executive Employment Agreement (Medix Resources Inc), Executive 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, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations and undertakings of the Company company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, to another corporation or person which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, mergerMerger, or transfer Sale of assets and assumption, Assets the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 5 contracts

Samples: Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 5 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Pallet Management Systems Inc), Employment Agreement (Pallet Management Systems Inc), Employment Agreement (Pallet Management Systems Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all or substantially all of its assets to, to another corporation entity which assumes this Agreement, and all obligations of the Company Company's obligations and undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, herein shall mean such other corporation entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Metretek Technologies Inc), Employment 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 or merging into or with, or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Simmons Co /Ga/), Employment Agreement (Simmons Co /Ga/), Employment Agreement (Simmons Co /Ga/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Wyndham Worldwide Corp), Employment Agreement (Realogy Corp), Employment Agreement (Wyndham Worldwide Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the term, “Company" as used herein, herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 or merging into or with, or transferring all or substantially all of its assets to, another corporation which individual, entity or business that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement AGREEMENT shall preclude the Company COMPANY or the HOLDING COMPANY from consolidating or with, merging into or withinto, or transferring all all, or substantially all, of their assets to another corporation that assumes all of its assets to, another corporation which assumes this Agreement, their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the CompanyCOMPANY" as used herein, shall mean such other corporation or entity, and this Agreement AGREEMENT shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 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 shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment Agreement (Liveperson Inc), Employment Agreement (Liveperson Inc), Employment Agreement (Liveperson Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment Agreement (Flipside Acquisition Corp), Employment Agreement (Flipside Acquisition Corp), Employment Agreement (Flipside Acquisition Corp)

Consolidation, Merger or Sale of Assets. Nothing in this ---------------------------------------- Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation or acquiring entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" as used herein, herein shall mean such other corporation corporation, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation or engaging in any other business combination with, any other person or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets or other business combination and assumption, the term "the Company" as used herein, herein shall mean such other corporation person or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all all, or substantially all, of its assets to another corporation that assumes all of its assets to, another corporation which assumes this Agreement, obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment Agreement (United Community Bancorp), Employment Agreement (United Community Bancorp), 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, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to that of the Company and which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" ", as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 or merging into or with, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, with or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and understandings of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 COMPANY from consolidating or with, merging into or withinto, or transferring all all, or substantially all, of its assets to another corporation that assumes all of its assets to, another corporation which assumes this Agreement, obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" “COMPANY” as used herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment Agreement (United Community Bancorp), Employment Agreement (United Community Bancorp), 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, or transferring all or substantially all of its assets to, another corporation corporation, which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 from consolidating or merging into or with, or transferring all or substantially all a substantial portion of its assets to, another corporation which entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, with or transferring all or substantially all of its assets to, to another corporation with a net worth at least equal to that of the Company and which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" ", as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Officer Change in Control Agreement (Tucson Electric Power Co), Officer Change in 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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidation, merger, merger or transfer of assets and such assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 into or with, with or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Section III, Paragraph 6 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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 with, merging into or withtransferring all, or transferring all or substantially all all, of its assets to, to another corporation which that assumes this Agreement, all its obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, herein shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term terms "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Employment Agreement (McKesson Corp), Employment Agreement (McKesson Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Section III, Paragraph 6 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, or transferring all or substantially all of its assets to, another corporation entity which assumes expressly assumes, in a writing reasonably acceptable to Employee, this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 Corporation from consolidating or merging into or with, or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company Corporation hereunder, in writing. Upon such consolidation, a consolidation or merger, or transfer of assets and assumption, the term "the Company" Corporation as used herein, described herein shall mean such other corporation corporation, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation corporation, which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" ", as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: 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 consolidation or merging into or with, or transferring all or substantially all of their or its assets assets, to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "Call Compliance" or the "Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which individual, entity or business that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Severance Agreement (American Homepatient Inc), Severance 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, or transferring all or substantially all of its assets to, to another corporation or person which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, mergerMerger, or transfer Sale of assets and assumption, Assets the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, to another corporation or person which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer sale of assets and assumption, the term "the Company" as used hereinherein will mean the other corporation, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp)

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which that, in its discretion, assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Traderight Corp), Employment Agreement (Traderight Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue continued in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (San Vicente Group Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company or the Holding Company from consolidating or with, merging into or withinto, or transferring all all, or substantially all all, of its their assets to, to another corporation which that assumes this Agreement, all their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder; provided that no such action shall diminish the Executive's rights hereunder, in writingincluding, without limitation, rights under Section 4(C). Upon such a consolidation, merger, merger or transfer of assets and in assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereofcorporation.

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, or transferring all or substantially all of its assets to, another corporation corporation, which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 into, or with, or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunderhereunder (“Business Transfer”). Without further action by the Company, a Business Transfer in writingitself shall not constitute a termination of the Executive’s employment. Upon such consolidation, merger, or transfer of assets and assumptionBusiness Transfer, the term "use of the word “Company" as used herein, ” herein shall mean such other corporation corporation, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations and undertakings of the Company company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of or its assets to, another corporation which that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (San Vicente Group Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude or impair the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation entity which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Big Entertainment Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall will preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall ” will mean such the other corporation and this Agreement shall will continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation with a net worth at least equal to that of the Company and which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" ”, as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which or entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionAssets, the term "the Company" as used herein, shall herein will mean such the other corporation or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Psychiatric Solutions Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such consolidation, merger, merger or transfer of assets and assumptionassumptions, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 with, merging into or withinto, or transferring all or substantially all of its assets to, to another corporation entity which assumes this Agreement, and all obligations of the Company Company’s obligations and undertakings hereunder, in writing. Upon In such consolidation, merger, or transfer of assets and assumptionevent, the term "the Company" ,” as used herein, shall mean the Company (as defined herein), and any such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereofsuccessor or assignee.

Appears in 1 contract

Samples: Employment 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, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, merger, Merger or transfer Sale of assets and assumptionAssets, the term "the Company" as used herein, shall will mean such the other corporation or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Consulting Agreement (Central Parking Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used hereinwill mean the other corporation, shall mean such other corporation and this Agreement shall continue in full force and effect, subject . This Section 6 is not intended to modify or limit the provisions rights of Paragraph 6 hereofCASE hereunder.

Appears in 1 contract

Samples: Royalty Agreement (Amerivision Communications Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Globalnet Financial Com Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets to, to another corporation with a net worth at least equal to that of the Company and which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "term, “the Company" ”, as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or 11 substantially all of its assets to, another corporation or acquiring entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" ", as used herein, herein shall mean such other corporation or acquiring entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation corporation, which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidation, merger, merger or transfer of assets and such assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Primesource Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon Under such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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 into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations with a net worth at least equal to that of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" ”, as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation or acquiring entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" ", as used herein, herein shall mean such other corporation or acquiring entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Aquarion Co)

Consolidation, Merger or Sale of Assets. Nothing in this the Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertaking of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "term, “the Company" ”, as used herein, here shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

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

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all or substantially all of its assets to, to another corporation entity which assumes this Agreement, and all obligations of the Company Company’s obligations and undertakings hereunder, in writing. Upon In such consolidation, merger, or transfer of assets and assumptionevent, the term "the Company" ,” as used herein, shall mean the Company (as defined herein), and any such other corporation successor or assignee, and this Agreement Employee’s rights and duties, including his rights to compensation and the Severance, shall continue remain in full force and effect, subject effect thereafter as in effect prior to the provisions of Paragraph 6 hereofsuch transaction.

Appears in 1 contract

Samples: Employment 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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used hereinwill mean the other corporation, shall mean such other corporation and this Agreement shall continue in full force and effect, subject . This Section 6 is not intended to modify or limit the provisions rights of Paragraph 6 hereofRegency hereunder.

Appears in 1 contract

Samples: Royalty Agreement (Amerivision Communications Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation corporation, which assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Amerisource Distribution Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or from transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder; provided, in writingthat no such action shall diminish the Executive's rights hereunder. Upon such consolidation, merger, or transfer of assets and assumptionassets, or any assumption of the Company, the term the "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereofcorporation.

Appears in 1 contract

Samples: Annual Report

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets to, to another corporation with a net worth at least equal to that of the Company and which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term "term, “the Company" ,” as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Officer Change in 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, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term terms "the Company" as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (McKesson Corp)

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