Common use of Merger or Acquisition Clause in Contracts

Merger or Acquisition. 8.1 If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, group insurance, hospitalization or other incentive or benefit plan or arrangement that may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, unless the context suggests otherwise, be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.

Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 11(g) will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 (ii) In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, sharing pension group insurance, insurance hospitalization or other incentive or benefit plan or arrangement that which may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 (iii) In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, shall unless the context suggests otherwise, otherwise be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.

Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 0((0)) will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 (ii) In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, sharing pension group insurance, insurance hospitalization or other incentive or benefit plan or arrangement that which may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 (iii) In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, shall unless the context suggests otherwise, otherwise be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.

Merger or Acquisition. 8.1 8.1. If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form term and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure inclusive to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 8 will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 8.2. In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, group insurance, hospitalization or other incentive or benefit plan or arrangement that which may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 8.3. In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, unless the context suggests used suggest, otherwise, be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.

Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 0(0) will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 (ii) In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, sharing pension group insurance, insurance hospitalization or other incentive or benefit plan or arrangement that which may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 (iii) In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, shall unless the context suggests otherwise, otherwise be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.

Merger or Acquisition. 8.1 8.1. If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 VIII will apply in the event of any subsequent merger or consolidation or transfer of assets. 8.2 8.2. In the event of any merger, consolidation or sale of assets described above, nothing contained in this Agreement will detract from or otherwise limit Executive's right to or privilege of participation in any stock option or purchase plan or any bonus, profit sharing, pension, group insurance, hospitalization or other incentive or benefit plan or arrangement that which may be or become applicable to executives of the corporation resulting from such merger or consolidation or the corporation acquiring such assets of the Company. 8.3 8.3. In the event of any merger, consolidation or sale of assets described above, references to the Company in this Agreement shall, shall unless the context suggests otherwise, otherwise be deemed to include the entity resulting from such merger or consolidation or the acquirer of such assets of the Company.