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, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 10 contracts
Sources: Merger Agreement (Logimetrics Inc), Employment Agreement (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 into, or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, consolidation or merger, transfer the use of assets or other business combination and assumption, the term word "Company" as used herein shall mean such other person or entity corporation, and this Agreement shall continue in full force and effect.
Appears in 9 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumptionassets, the term "“the Company" ” as used herein shall will mean such the other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 8 contracts
Sources: 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, or engaging in any other business combination with, any other person another corporation or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 8 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this Agreement and all obligations and undertakings of the Company company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumptionassets, the term "the Company" as used herein shall will mean such the other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 6 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity 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 or other business combination and assumption, the term "the Company" as used herein herein, shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 6 contracts
Sources: 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 individual, entity or engaging in any other business combination with, any other person or entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 4 contracts
Sources: 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person another corporation or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "term, “Company" ” as used herein shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 4 contracts
Sources: 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, or engaging in any other business combination with, any other person or another entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumptionassets, the term "“the Company" ” as used herein shall will mean such the other person or entity and this Agreement shall continue in full force and effect.
Appears in 4 contracts
Sources: 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 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, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumptionassets, the term "“Company" ” as used herein herein, shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this Agreement and all obligations undertakings and undertakings responsibilities of the Company hereunder. Upon Under such a consolidation, merger, or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: Employment Agreement (Lasermaster Technologies Inc), Employment Agreement (Lasermaster Technologies Inc), Employment Agreement (Lasermaster 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, another corporation or engaging in any other business combination with, any other person or acquiring entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: Employment Agreement (Printonthenet Com Inc), Employment Agreement (Iat Multimedia Inc), Employment Agreement (Iat Multimedia 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, or engaging in any other business combination with, any other person another corporation or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "“Company" ” as used herein shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings understandings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "the Company" ", as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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 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, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumptionassets, the term "Company" “COMPANY” as used herein herein, shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term term, "Company" as used herein shall mean such other person or entity corporation, and this Agreement shall continue in full force and effect.
Appears in 3 contracts
Sources: 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 consolidation or merging into or with, or transferring all or substantially all of their or its assets assets, to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Call Compliance" or the "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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 with, merging into or withinto, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person 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, merger or transfer of assets or other business combination and assumptionassets, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Fusion Telecommunications International Inc), Stock Purchase Agreement (Fusion Telecommunications 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, or engaging in any other business combination withanother corporation, 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 person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term terms "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: Employment Agreement (Amerisource Distribution Corp), Employment Agreement (Ikon Office Solutions 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, or engaging in any other business combination withcorporation or entity (including, without limitation, any other person affiliate or entity subsidiary of Cendant or the Company) which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumption, the term "“Company" as used herein shall ” will mean such other person corporation or entity and this Agreement shall will continue in full force and effect.
Appears in 2 contracts
Sources: 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, or transferring all or substantially all of its assets to, another individual, entity or engaging in any other business combination with, any other person or entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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 with, merging into or withtransferring all, or transferring all or substantially all all, of its assets to, or engaging in any other business combination with, any other person or entity which to another corporation that assumes this Agreement and all its obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumptionassets, the term "“Company" ” as used herein shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and such assumption, the term "“Company" ” as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or another entity which assumes expressly assumes, in a writing reasonably acceptable to Employee, this Agreement and all obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "the Company" as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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 in to or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings undertaking of the Company hereunder. Upon No such a consolidation, merger, merger or transfer shall affect the rights of assets ▇▇▇▇▇▇ or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effectobligations of the Company hereunder.
Appears in 2 contracts
Sources: Retention Bonus Agreement (Advocat Inc), Retention Bonus Agreement (Advocat Inc)
Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude or otherwise restrict the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another individual, entity or engaging in any other business combination with, any other person or entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: Change in Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.), 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity 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 or other business combination and assumption, the term "“the Company" ” as used herein herein, shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: Employment Agreement (Quamtel, Inc.), Employment Agreement (Voip 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, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings of the Company Corporation hereunder. Upon such a consolidation, consolidation or merger, transfer of assets or other business combination and assumption, the term "Company" Corporation as used described herein shall mean such other person or entity corporation, and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: 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 a substantial portion of its assets to, or engaging in any other business combination with, any other person or another entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "“Company" ” as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 2 contracts
Sources: Employment Agreement (Bon Ton Stores Inc), Employment Agreement (Bon Ton Stores 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, or engaging in any other business combination withcorporation or entity (including, without limitation, any other person affiliate or entity subsidiary of Cendant Corporation or the Company) which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumption, the term "“Company" as used herein shall ” will mean such other person corporation or entity and this Agreement shall will continue in full force and effect.
Appears in 2 contracts
Sources: 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 or merging into or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity 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 or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.and
Appears in 1 contract
Sources: Employment Agreement (AMERICAN COASTAL INSURANCE 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, or engaging in any other business combination with, any other person or to another entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon In such a consolidation, merger, transfer of assets or other business combination and assumptionevent, the term "“Company" ,” as used herein herein, shall mean the Company (as defined herein), and any such other person successor or entity and this Agreement shall continue in full force and effectassignee.
Appears in 1 contract
Sources: 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 11 substantially all of its assets to, another corporation or engaging in any other business combination with, any other person or acquiring entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term term, "the Company" ", as used herein shall mean such other person corporation or acquiring entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all 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, merger or transfer of assets or other business combination and in assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effectcorporation.
Appears in 1 contract
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, or engaging in any other business combination withanother corporation, 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 person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings another corporation with a net worth at least equal to that of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "“the Company" ”, as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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 individual, entity, or engaging in any other business combination with, any other person or entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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 or merging into or with, or transferring all or substantially all of its assets to, or engaging in any other business combination withanother corporation, any other person or entity which assumes this 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 person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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 transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term term, "the Company," as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this 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 shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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 acquiring entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term term, "the Company" ", as used herein shall mean such other person corporation or acquiring entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "“the Company" ”, as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term terms "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Employment Agreement (McKesson 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, or transferring all or substantially all of its assets to, another individual, entity or engaging in any other business combination with, any other person or entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, [Signatures on the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effectfollowing page.]
Appears in 1 contract
Sources: 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, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.,
Appears in 1 contract
Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into in to or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings undertaking of the Company hereunder. Upon No such a consolidation, merger, merger or transfer shall affect the rights of assets the Employee or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effectobligations of the Company hereunder.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder; provided, that no such action shall diminish the Executive's rights hereunder. Upon such a consolidation, merger, or transfer of assets assets, or other business combination and assumptionany assumption of the Company, the term the "Company" as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effectcorporation.
Appears in 1 contract
Sources: Annual Report
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, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings undertaking of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "term, “the Company" ”, as used herein here shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity to another corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "term, “the Company" ,” as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Officer Change in Control Agreement (Tucson Electric Power Co)
Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from form consolidating or merging into or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or to another entity which assumes this Agreement and all of the Company’s obligations and undertakings of the Company hereunder. Upon In such a consolidation, merger, transfer of assets or other business combination and assumptionevent, the term "“Company" ,” as used herein herein, shall mean the Company (as defined herein), and any such other person successor or entity assignee, and this Agreement 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
Sources: 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, or engaging in any other business combination withanother corporation, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and such assumption, the term "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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 acquiring entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" term, Athe Company@, as used herein shall mean such other person corporation or acquiring entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this 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 person or entity corporation and this Agreement shall continue continued in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or another entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger, merger or transfer of assets or other business combination and assumptionassumptions, the term "the Company" as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
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 individual, entity or engaging in any other business combination with, any other person or entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effectbusiness.
Appears in 1 contract
Sources: 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 or merging into or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or another entity which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "the Company" as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity to another corporation with a net worth at least equal to that of the Company and which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "term, “the Company" ”, as used herein shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this 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 shall mean such other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this Agreement and all obligations and undertakings of the Company company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumptionassets, the term "“the Company" ” as used herein shall will mean such the other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or another entity which that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon Under such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "the Company" as used herein herein, shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, 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 party which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract
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, of their assets to another corporation that assumes all of its assets to, or engaging in any other business combination with, any other person or entity which assumes this Agreement and all their obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumptionassets, the term "“Company" ” as used herein herein, shall mean such other person corporation or entity entity, and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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 into, or with, or transferring all or substantially all of its assets to, or engaging in any other business combination with, any other person or entity to another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunderhereunder (“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, transfer of assets or other business combination and assumptionBusiness Transfer, the term "use of the word “Company" as used ” herein shall mean such other person or entity corporation, and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: 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, or engaging in any other business combination with, any other person or entity which another corporation that assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, transfer merger or sale of assets or other business combination and assumptionassets, the term "the Company" as used herein shall will mean such the other person or entity corporation and this Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Employment Agreement (Biomimetic Therapeutics, Inc.)
Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company or its subsidiaries or affiliates from consolidating consolidation or merging into or with, or transferring all or substantially all of their or its assets assets, to, or engaging in any other business combination with, any other person or entity another corporation which assumes this Agreement and all obligations and undertakings of the Company hereunder. Upon such a consolidation, merger, merger or transfer of assets or other business combination and assumption, the term "Company" as used herein shall mean such other person or entity and this Agreement shall continue in full force and effect.
Appears in 1 contract