Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that: (i) this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Bancshares upon any sale of all or substantially all of Bancshares’s assets, or upon any merger, consolidation or reorganization of Bancshares with or into any other corporation, all as though such successors and assigns of Bancshares and their respective successors and assigns were Bancshares; and (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of Executive to the extent of any payments due to them hereunder. As used in this Agreement, the term “Bancshares” shall be deemed to refer to any such successor or assign of Bancshares referred to in the preceding sentence.
Appears in 3 contracts
Samples: Employment Agreement (1st Century Bancshares, Inc.), Employment Agreement (1st Century Bancshares, Inc.), Employment Agreement (1st Century Bancshares, Inc.)
Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that: (i) this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Bancshares upon any sale of all or substantially all of Bancshares’s ’ assets, or upon any merger, consolidation or reorganization of Bancshares with or into any other corporation, all as though such successors and assigns of Bancshares and their respective successors and assigns were Bancshares; and (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of Executive to the extent of any payments due to them hereunder. As used in this Agreement, the term “Bancshares” shall be deemed to refer to any such successor or assign of Bancshares referred to in the preceding sentence.
Appears in 2 contracts
Samples: Employment Agreement (1st Century Bancshares, Inc.), Severance Agreement (1st Century Bancshares, Inc.)
Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that: (i) this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Bancshares Employer upon any sale of all or substantially all of Bancshares’s Employer's assets, or upon any merger, consolidation or reorganization of Bancshares Bank with or into any other corporation, all as though such successors and assigns of Bancshares the Bank and their respective successors and assigns were Bancsharesthe Bank; and (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of Executive to the extent of any payments due to them hereunder. As used in this Agreement, the term "Bank" or “BancsharesEmployer” shall be deemed to refer to any such successor or assign of Bancshares the Bank or Employer referred to in the preceding sentence.
Appears in 2 contracts
Samples: Employment Agreement (Pacific Mercantile Bancorp), Employment Agreement (Pacific Mercantile Bancorp)
Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that: (i) this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Bancshares upon any sale of all or substantially all of Bancshares’s ’ assets, or upon any merger, consolidation or reorganization of Bancshares with or into any other corporation, all as though such successors and assigns of Bancshares and their respective successors and assigns were Bancshares; and (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of Executive to the extent of any payments due to them hereunder. As used in this Agreement, the term the “Bancshares” shall be deemed to refer to any such successor or assign of Bancshares referred to in the preceding sentence.
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