Common use of No Assignments Clause in Contracts

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a) hereof. For purposes of implementing the provisions of this Section 7(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 12 contracts

Samples: Change in Control Severance Agreement (First Securityfed Financial Inc), Change in Control Severance Agreement (First Securityfed Financial Inc), Change in Control Severance Agreement (First Securityfed Financial Inc)

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No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a8(a) hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 8 contracts

Samples: Employment Agreement (Midwest Bancshares Inc /De/), Employment Agreement (Mahaska Investment Co), Employment Agreement (Midland Capital Holdings Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall Bank will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the AssociationBank, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association Bank would be required to perform it if no such succession or assignment had taken place. Failure of the Association Bank to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association Bank in the same amount and on the same terms as the compensation pursuant to Section 3(a) 3 hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 7 contracts

Samples: Change in Control Agreement (Home Federal Bancorp), Change in Control Agreement (Lincoln Bancorp /In/), Change in Control Agreement (Home Federal Bancorp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a7(d) hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 6 contracts

Samples: Employment Agreement (Peoples Sidney Financial Corp), Employment Agreement (Montgomery Financial Corp), Employment Agreement (Peoples Sidney Financial Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the AssociationCompany, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association Company would be required to perform it if no such succession or assignment had taken place. Failure of the Association Company to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association Company in the same amount and on the same terms as the compensation pursuant to Section 3(a) 3 hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (SFS Bancorp Inc), Change in Control Severance Agreement (HMN Financial Inc), Change in Control Severance Agreement (SFS Bancorp Inc)

No Assignments. (a) This his Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a7(d) hereof. For purposes of implementing the provisions of this Section 7(a12(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 3 contracts

Samples: Employment Agreement (Ps Financial Inc), Employment Agreement (First Securityfed Financial Inc), Employment Agreement (Ps Financial Inc)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association Company shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the AssociationCompany, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association Company would be required to perform it if no such succession or assignment had taken place. Failure of the Association Company to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association Company in the same amount and on the same terms as the compensation 5NEXT PAGE pursuant to Section 3(a) 3 hereof. For purposes of implementing the provisions of this Section 7(a)7, the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Itla Capital Corp), Change in Control Severance Agreement (Itla Capital Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association Company shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the AssociationCompany, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association Company would be required to perform it if no such succession or assignment had taken place. Failure of the Association Company to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association Company in the same amount and on the same terms as the compensation pursuant to Section 3(a) 3 hereof. For purposes of implementing the provisions of this Section 7(a)7, the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Itla Capital Corp), Control Severance Agreement (Itla Capital Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the EmployeeExecutive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee Executive to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a7(d) hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 2 contracts

Samples: Employment Agreement (First Federal Financial Services Corp), Employment Agreement (First Federal Financial Services Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent extent, that the Association would be required to perform it if no such succession or assignment had bad taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a) hereof. For purposes of implementing the provisions of this Section 7(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Change in Control Severance Agreement (First Securityfed Financial Inc)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the EmployeeExecutive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee Executive to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a9(a) hereof. For purposes of implementing the provisions of this Section 7(a14(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (Tierone Corp)

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No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a8(a) hereof. For purposes of implementing the provisions of this Section 7(a10(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (First Independence Corp /De/)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association Company shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the AssociationCompany, by an assumption agreement 5NEXT PAGE in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association Company would be required to perform it if no such succession or assignment had taken place. Failure of the Association Company to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association Company in the same amount and on the same terms as the compensation pursuant to Section 3(a) 3 hereof. For purposes of implementing the provisions of this Section 7(a)7, the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Itla Capital Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the EmployeeExecutive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee Executive to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a9(a) hereof. For purposes of implementing the provisions of this Section 7(al3(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (Tierone Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party; provided, however, that the Association shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a8(a) hereof. For purposes of implementing the provisions of this Section 7(a11 (a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (Statefed Financial Corp)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining obtaining, the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a7(d) hereof. For purposes of implementing the provisions of this Section 7(a12(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (First Securityfed Financial Inc)

No Assignments. (a) This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining obtaining, the written consent of the other party; provided, however, that the Association shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Association, by an assumption agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Association would be required to perform it if no such succession or assignment had taken place. Failure of the Association to obtain such an assumption agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Association in the same amount and on the same terms as the compensation pursuant to Section 3(a7(d) hereof. For purposes of implementing the provisions of this Section 7(a11(a), the date on which any such succession becomes effective shall be deemed the Date of Termination.

Appears in 1 contract

Samples: Employment Agreement (First Securityfed Financial Inc)

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