Common use of Existing Arrangements Clause in Contracts

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable law.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (MINDBODY, Inc.), Agreement and Plan of Merger (Apptio Inc), Agreement and Plan of Merger (Xactly Corp)

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Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required or permitted pursuant to applicable lawLaw.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Zymergen Inc.), Agreement and Plan of Merger (Ginkgo Bioworks Holdings, Inc.), Agreement and Plan of Merger (Del Frisco's Restaurant Group, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Parent or the Surviving Corporation or their Affiliates from in any way amending, modifying modifying, or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if as otherwise required pursuant to applicable lawLaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Sumo Logic, Inc.), Agreement and Plan of Merger (ForgeRock, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements set forth on Section 3.19(a) of the Company Disclosure Letter in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (KnowBe4, Inc.), Agreement and Plan of Merger (Vepf Vii SPV I, L.P.)

Existing Arrangements. From Subject to this Section 6.11, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required permitted pursuant to applicable law.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vista Equity Partners Fund Viii, L.P.), Agreement and Plan of Merger (Duck Creek Technologies, Inc.)

Existing Arrangements. From Subject to Section 6.10, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required permitted pursuant to applicable law.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carrols Restaurant Group, Inc.), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit Parent or the Surviving Corporation or their Affiliates from in any way amending, modifying modifying, or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if as otherwise required pursuant to applicable lawLaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Everbridge, Inc.), Agreement and Plan of Merger (Everbridge, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) assume and honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required permitted pursuant to applicable lawLaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Datto Holding Corp.), Agreement and Plan of Merger (Datto Holding Corp.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingpreceding sentence, but subject to Section 6.9(c), nothing will require Parent, the Surviving Corporation or any Subsidiary thereof to continue any Employee Plan, Company Plan or Comparable Plan or prohibit the Surviving Corporation or any of its Subsidiaries from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements plans in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to on date hereof and which are set forth in Section 6.11 of the Effective TimeCompany Disclosure Letter. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ellie Mae Inc)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit Parent or the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mandiant, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements arrangements, in each case as listed in Section 3.19(a) of the Company Disclosure Letter, in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Civitas Solutions, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will in this Agreement shall prohibit Parent or the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Paya Holdings Inc.)

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Existing Arrangements. From Subject to this Section 6.11, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required permitted pursuant to applicable law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chico's Fas, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingpreceding sentence, nothing will require Parent, the Surviving Corporation or any Subsidiary thereof to continue any Employee Plan, Company Plan or Comparable Plan or prohibit the Surviving Corporation or any of its Subsidiaries from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements plans in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Activision Blizzard, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation and its Subsidiaries to) honor all of the Employee Plans and compensation and severance arrangements Plans, in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, and except as otherwise set forth in this Section 6.11, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or Plans, including any compensation or severance arrangements arrangements, in accordance with their terms or if otherwise required permitted pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PRGX Global, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rover Group, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms (subject, in each case, to Section 6.10(b)) or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Transphorm, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lifelock, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Medallia, Inc.)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Echelon Corp)

Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise required pursuant to applicable lawLaw.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rackspace Hosting, Inc.)

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