Common use of Merger or Change of Control Clause in Contracts

Merger or Change of Control. If Customer is merged into an Entity and such Entity is the survivor of such merger (the "Surviving Entity"), then (i) the provisions of this Agreement shall continue to apply to all Customer Accounts which were subject to this Agreement prior to such merger and (ii) the Surviving Entity, as Customer's successor-in-interest, shall continue to be bound by Customer's obligations hereunder. If there is a Change of Control of Customer, then the provisions of this Agreement shall continue to apply to all Customer Accounts of Customer and its Affiliates that were subject to this Agreement immediately prior to such Change of Control, but shall not apply to any accounts of the Entity that Acquires Control of Customer which were not subject to this Agreement prior to such Change of Control.

Appears in 2 contracts

Samples: Service Agreement (Trycera Financial, Inc.), Service Agreement (Trycera Financial, Inc.)

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Merger or Change of Control. If Customer is merged into an Entity and such Entity is the survivor of such merger (the "Surviving Entity"), then (i) the provisions of this Agreement shall continue to apply to all Transaction Card programs and Customer Accounts which were subject to this Agreement prior to such merger and (ii) the Surviving Entity, as Customer's ’s successor-in-interest, shall continue to be bound by Customer's ’s obligations hereunder. If there is a Change of Control of Customer, then the provisions of this Agreement shall continue to apply to all Transaction Card programs and Customer Accounts of Customer and its Affiliates that were subject to this Agreement immediately prior to such Change of Control, but shall not apply to any accounts of the Entity that Acquires Control of Customer which were not subject to this Agreement prior to such Change of Control.

Appears in 1 contract

Samples: Service Agreement (InterPrivate III Financial Partners Inc.)

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Merger or Change of Control. If Customer is merged into an Entity and such Entity is the survivor of such merger (the "Surviving Entity"), then (i) the provisions of this Agreement shall continue to apply to all Transaction Card and Account programs and Customer Accounts which were subject to this Agreement prior to such merger and (ii) the Surviving Entity, as Customer's ’s successor-in-interest, shall continue to be bound by Customer's ’s obligations hereunder. If there is a Change of Control of Customer, then the provisions of this Agreement shall continue to apply to all Transaction Card and Account programs and Customer Accounts of Customer and its Affiliates that were subject to this Agreement immediately prior to such Change of ControlControl and any such Transaction Card and Account programs and Customer Accounts added thereafter, but shall not apply to any accounts of the Entity that Acquires Control of Customer which were not subject to this Agreement prior to such Change of Control.

Appears in 1 contract

Samples: Service Agreement (Fusion Acquisition Corp.)

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