Common use of Guarantee on Mergers and Acquisitions Clause in Contracts

Guarantee on Mergers and Acquisitions. In case any Party (“Acquired Party”) is merged with or acquired by or has sold all or substantially all of its assets to a Third Party (“Acquiring Party”), the Acquired Party shall obtain from the Acquiring Party a written assurance addressed to the other Parties stating that the Acquiring Party agrees be to bound by and perform and comply with all of the rights and obligations of the Acquired Party under this Agreement. In case any such assurance is not obtained within six (6) months of the effective date of such merger, acquisition or sale, such other Parties shall have the right to terminate this Agreement at any time within six (6) months after the expiration of such six (6) month period, by ninety (90) days’ notice in writing to the Acquired Party.

Appears in 2 contracts

Samples: Supply Agreement (Replidyne Inc), Supply Agreement (Replidyne Inc)

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Guarantee on Mergers and Acquisitions. In case any either Party (hereinafter referred to as the “Acquired Party”) is merged with or acquired by or has have sold of all or substantially all of its assets to by a Third Party (hereinafter referred to as the “Acquiring Party”), the Acquired Party shall obtain from the have such Acquiring Party a to agree with the other Party to provide written assurance addressed to the other Parties stating that the Acquiring Party agrees be will continue to bound by and perform and comply with all of the rights and obligations of the Acquired Party under this Agreement. In case any such assurance is not obtained within six (6) months of the effective date of such merger, acquisition merger or saleacquisition, such other Parties Party shall have the right and option to terminate this Agreement at any time within six (6) months after the expiration of such six (6) month period, by ninety (90) days’ notice in writing to the Acquired Party.

Appears in 2 contracts

Samples: License Agreement (Replidyne Inc), License Agreement (Replidyne Inc)

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