Obligation of Successors. (a) In addition to any obligations imposed by law upon any successor to the Company, the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no succession had occurred.
Appears in 19 contracts
Samples: Change in Control Severance Agreement (Zimmer Biomet Holdings, Inc.), Change in Control Severance Agreement (Zimmer Biomet Holdings, Inc.), Change in Control Severance Agreement (ZimVie Inc.)
Obligation of Successors. (a) In addition to any obligations imposed by law upon any successor to the Company, the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no succession had occurred. Failure of the Company to obtain such an assumption and agreement prior to the effectiveness of any such succession will be a breach of this Agreement.
Appears in 9 contracts
Samples: Change in Control Agreement (Biomet Inc), Change in Control Agreement (Biomet Inc), Change in Control Agreement (Biomet Inc)
