Common use of Preservation of Personnel Clause in Contracts

Preservation of Personnel. Use commercially reasonable efforts, consistent with past practice, to preserve intact and keep available the services of present employees, consultants, independent contractors and executive officers of the Company and the Company Subsidiaries; provided that the Company shall not be obligated to increase compensation of any employee or take any action inconsistent with this Section 5.1.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Adolor Corp), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)

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Preservation of Personnel. Use commercially reasonable efforts, Except for actions taken in the ordinary course of business consistent with past practicepractices, use commercially reasonable best efforts to preserve intact and keep available the services of present employees, consultants, independent contractors and executive officers employees of the Company and the Company Subsidiaries; provided provided, however that nothing in this Section 5.1(a)(i) shall prevent the Company shall not be obligated to increase compensation or any Company Subsidiary from terminating the employment of any officer or employee for cause, as determined by the Company or take any action inconsistent with this Section 5.1.Company Subsidiary, as applicable;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Somanetics Corp), Agreement and Plan of Merger (Covidien PLC)

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