Common use of Corporation's Successors Clause in Contracts

Corporation's Successors. The Corporation shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Corporation’s business and/or assets to assume this Agreement and to agree expressly and in writing to perform this Agreement in the same manner and to the same extent as the Corporation would have been required to perform it in the absence of a succession. The Corporation’s failure to obtain such an assumption prior to the effectiveness of a succession shall be a breach of this Agreement and shall result in Employee’s Involuntary Termination hereunder. For all purposes under this Agreement, the term “Corporation” shall include any successor to the Corporation’s business and/or assets that executes and delivers the assumption agreement described in this Section 7(a) or that becomes bound by this Agreement by operation of law.

Appears in 2 contracts

Samples: Change in Control Agreement (Iteris, Inc.), Change in Control Agreement (Iteris, Inc.)

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Corporation's Successors. The Corporation shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Corporation’s business and/or assets to assume this Agreement and to agree expressly and in writing to perform this Agreement in the same manner and to the same extent as the Corporation would have been required to perform it in the absence of a succession. The Corporation’s failure to obtain such an assumption prior to the effectiveness of a succession shall be a breach of this Agreement and shall result in Employee’s Involuntary Termination hereunderAgreement. For all purposes under this Agreement, the term “Corporation” shall include any successor to the Corporation’s business and/or assets that which executes and delivers the assumption agreement described in this Section 7(a) or that which becomes bound by this Agreement by operation of law.

Appears in 1 contract

Samples: Change in Control Agreement (Odetics Inc)

Corporation's Successors. The Corporation shall require any successor (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Corporation’s 's business and/or assets to assume this Agreement and to agree expressly and in writing to perform this Agreement in the same manner and to the same extent as the Corporation would have been required to perform it in the absence of a succession. The Corporation’s 's failure to obtain such an assumption prior to the effectiveness of a succession shall be a breach of this Agreement and shall result in Employee’s Involuntary Termination hereunderAgreement. For all purposes under this Agreement, the term "Corporation" shall include any successor to the Corporation’s 's business and/or assets that which executes and delivers the assumption agreement described in this Section 7(a) or that which becomes bound by this Agreement by operation of law.

Appears in 1 contract

Samples: Control Agreement (Iteris Holdings Inc)

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Corporation's Successors. The Corporation shall will require any successor (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Corporation’s business and/or assets of the Corporation to expressly assume this Agreement and to agree expressly and in writing to perform this Agreement in the same manner and to the same extent as that the Corporation would have been be required to perform it in if no such succession had taken place. Failure of the absence of a succession. The Corporation’s failure Corporation to obtain such an assumption and agreement prior to the effectiveness of a any such succession shall be a breach of this Agreement and which shall result entitle the Executive to monetary and/or equitable damages, as the case may be. As used in Employee’s Involuntary Termination hereunder. For all purposes under this Agreement, "Corporation" shall mean the term “Corporation” shall include Corporation as hereinbefore defined and any successor to the Corporation’s its business and/or assets that as aforesaid which executes and delivers the assumption agreement described provided for in this Section 7(a11(A) or that which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Appears in 1 contract

Samples: Special Retirement Agreement (First Union Corp)

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