Common use of Merger or Asset Sale Clause in Contracts

Merger or Asset Sale. In the event of a merger of the Company with or into another corporation, or the sale of substantially all of the assets of the Company, shares subject to this Award that remain outstanding at such time shall be assumed or an equivalent right substituted by the successor corporation or a Parent or Subsidiary of the successor corporation. In the event that the successor corporation refuses to assume or substitute for the Award, the Grantee will fully vest in and have the right to such shares even if such shares would not otherwise be vested and all vesting criteria will be deemed achieved at target levels and all other terms and conditions met.

Appears in 5 contracts

Samples: Restricted Stock Unit Agreement (Nuance Communications, Inc.), Restricted Stock Unit Agreement (Nuance Communications, Inc.), Restricted Stock Unit Agreement (Nuance Communications, Inc.)

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