Common use of No Reduction in Position Clause in Contracts

No Reduction in Position. During the Employment Period, the Executive’s duties and responsibilities shall be at least commensurate with those held, exercised and assigned immediately prior to the Effective Date, and the Executive’s services shall be performed at the location where the Executive was employed immediately preceding the Effective Date. It is understood that, for purposes of this Agreement, such duties and responsibilities shall not be regarded as not commensurate merely by virtue of the fact that a successor shall have acquired all or substantially all of the business and/or assets of the Corporation as contemplated by Section 13(b) of this Agreement, provided that the Executive shall continue to have duties and responsibilities with respect to such successor or affiliated company commensurate with those of the Executive with respect to the Corporation prior to such acquisition. As used in this Agreement, the term “affiliated company” means any company controlling, controlled by, or under common control with the Corporation.

No Reduction in Position. During the Employment Period, the Executive’s duties and responsibilities shall be at least commensurate with those held, exercised and assigned immediately prior to the Effective Date, and the Executive’s services shall be performed at the location where the Executive was employed immediately preceding the Effective Date. It is understood that, for purposes of this Agreement, such duties and responsibilities shall not be regarded as not commensurate merely by virtue of the fact that a successor shall have acquired all or substantially all of the business and/or assets of the Corporation as contemplated by Section 13(b) of this Agreement, provided that the Executive shall continue to have duties and responsibilities with respect to such successor or affiliated company commensurate with those of the Executive with respect to the Corporation prior to such acquisition. As used in this Agreement, the term “affiliated company” means any company controlling, controlled by, or under common control with the Corporation.

No Reduction in Position. During the Employment Period, the Executive’s duties and responsibilities shall be at least commensurate with those held, exercised and assigned immediately prior to the Effective Date, and the Executive’s services shall be performed at the location where the Executive was employed immediately preceding the Effective Date. It is understood that, for purposes of this Agreement, such duties and responsibilities shall not be regarded as not commensurate merely by virtue of the fact that a successor shall have acquired all ail or substantially all of the business and/or assets of the Corporation as contemplated by Section 13(b) of this Agreement, provided that the Executive shall continue to have duties and responsibilities with respect to such successor or affiliated company commensurate with those of the Executive with respect to the Corporation prior to such acquisition. As used in this Agreement, the term “affiliated company” means any company controlling, controlled by, or under common control with the Corporation.

No Reduction in Position. During the Employment Period, the Executive’s 's duties and responsibilities shall be at least commensurate with those held, exercised and assigned immediately prior to the Effective Date, and the Executive’s 's services shall be performed at the location where the Executive was employed immediately preceding the Effective Date. It is understood that, for purposes of this Agreement, such duties and responsibilities shall not be regarded as not commensurate merely by virtue of the fact that a successor shall have acquired all or substantially all of the business and/or assets of the Corporation as contemplated by Section 13(b) of this Agreement, provided that the Executive shall continue to have duties and responsibilities with respect to such successor or affiliated company commensurate with those of the Executive with respect to the Corporation prior to such acquisition. As used in this Agreement, the term “"affiliated company” " means any company controlling, controlled by, or under common control with the Corporation.

No Reduction in Position. During the Employment Period, the Executive’s duties position (including titles), authority and responsibilities (including, without limitation, reporting authority and responsibility) shall be at least commensurate with those held, exercised the position of Chairman of the Board and assigned immediately prior to the Effective Date, and the Executive’s services shall be performed at the location where the Chief Executive was employed immediately preceding the Effective DateOfficer. It is understood that, for purposes of this Agreement, such duties position, authority and responsibilities shall not be regarded as not commensurate merely by virtue of the fact that a successor shall have acquired all or substantially all of the business and/or assets of the Corporation as contemplated by Section 13(b) of this Agreement, provided that the Executive shall continue to have duties a position and authority and responsibilities with respect to such successor or affiliated company commensurate with those substantially corresponding to that of the Executive with respect to the Corporation prior to such acquisition. As used in this Agreement, the term “affiliated company” means any company controlling, controlled by, or under common control with the Corporation. During the Employment Period, the Executive also agrees to serve without additional compensation as Chairman of the Board of Directors of Xxxxxx Beverage Company (“HBC”), the Corporation’s wholly-owned subsidiary.