Common use of Employer’s Successors Clause in Contracts

Employer’s Successors. (a) The rights and obligations of Employer under this Employment Agreement shall inure to the benefit of and shall be binding in all respects upon the successors and assigns of Employer. (b) Employer shall require any direct or indirect successor (by purchase, merger, consolidation, or otherwise) of all or substantially all of Employer's stock, business and/or assets to expressly agree to assume Employer's obligations under this Employment Agreement and perform them in the same manner and to the same extent as Employer would have been required to do if no succession had occurred. The agreement must be in a form and substance satisfactory to Employee. (c) If Employer fails to obtain such an agreement before the effective date of the succession, Employer's failure will be considered a breach of this Employment Agreement, and Employee shall be entitled to the immediate payment of the amount of money that Employee would have been entitled to if Employer had terminated Employee's employment other than for cause in accordance with the terms of Section 9.8(c) of this Employment Agreement, calculated as though Employee's employment had terminated on the effective date of the succession. However, Employer's failure to obtain such agreement shall not affect said successor's obligations pursuant to paragraph 13.1(a) above.

Appears in 8 contracts

Samples: Employment Agreement, Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.)

AutoNDA by SimpleDocs

Employer’s Successors. (a) The rights and obligations of Employer under this Employment Agreement shall inure to the benefit of and shall be binding in all respects upon the successors and assigns of Employer. (b) Employer shall require any direct or indirect successor (by purchase, merger, consolidation, or otherwise) of all or substantially all of Employer's ’s stock, business and/or assets to expressly agree to assume Employer's ’s obligations under this Employment Agreement and perform them in the same manner and to the same extent as Employer would have been required to do if no succession had occurred. The agreement must be in a form and substance satisfactory to Employee. (c) If Employer fails to obtain such an agreement before the effective date of the succession, Employer's ’s failure will be considered a breach of this Employment Agreement, and Employee shall be entitled to the immediate payment of the amount of money that Employee would have been entitled to if Employer had terminated Employee's ’s employment other than for cause in accordance with the terms of Section 9.8(c) of this Employment Agreement, calculated as though Employee's ’s employment had terminated on the effective date of the succession. However, Employer's ’s failure to obtain such agreement shall not affect said successor's ’s obligations pursuant to paragraph 13.1(a) above.

Appears in 5 contracts

Samples: Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.)

Employer’s Successors. (a) The rights and obligations of Employer under this Employment Agreement shall inure to the benefit of and shall be binding in all respects upon the successors and assigns of Employer. (b) Employer shall require any direct or indirect successor (by purchase, merger, consolidation, or otherwise) of all or substantially all of Employer's ’s stock, business and/or assets to expressly agree to assume Employer's ’s obligations under this Employment Agreement and perform them in the same manner and to the same extent as Employer would have been required to do if no succession had occurred. The agreement must be in a form and substance satisfactory to Employee. (c) If Employer fails to obtain such an agreement before the effective date of the succession, Employer's ’s failure will be considered a breach of this Employment Agreement, and Employee shall be entitled to the immediate payment of the amount of money that Employee would have been entitled to if Employer had terminated Employee's ’s employment other than for cause Cause in accordance with the terms of Section 9.8(c9.8(d) of this Employment Agreement, calculated as though Employee's ’s employment had terminated on the effective date of the succession. However, Employer's ’s failure to obtain such agreement shall not affect said successor's ’s obligations pursuant to paragraph 13.1(a) above.

Appears in 3 contracts

Samples: Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.)

AutoNDA by SimpleDocs

Employer’s Successors. (a) The rights and obligations of Employer under this Employment Agreement shall inure to the benefit of and shall be binding in all respects upon the successors and assigns of Employer. (b) Employer shall require any direct or indirect successor (by purchase, merger, consolidation, or otherwise) of all or substantially all of Employer's stock, business and/or assets to expressly agree to assume Employer's obligations under this Employment Agreement and perform them in the same manner and to the same extent as Employer would have been required to do if no succession had occurred. The agreement must be in a form and substance satisfactory to Employee. (c) If Employer fails to obtain such an agreement before the effective date of the succession, Employer's failure will be considered a breach of this Employment Agreement, and Employee shall be entitled to the immediate payment greater of (i) the amount of money that Employee would have been entitled to if Employer had terminated Employee's employment other than for cause in accordance with the terms of Section 9.8(c) of this Employment Agreement, calculated as though Employee's employment had terminated on the effective date of the succession, and (ii) one year's base salary in effect on the effective date of such succession. However, Employer's failure to obtain such agreement shall not affect said successor's obligations pursuant to paragraph 13.1(a) above.

Appears in 2 contracts

Samples: Employment Agreement (Onlinetradinginc Com Corp), Employment Agreement (Onlinetradinginc Com Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!