Successor Obligations. (a) This Agreement shall be binding upon and inure to the benefit of Company and any successor of Company, by merger or otherwise. (b) Company agrees that in connection with any Business Combination, it will cause each successor entity to Company or Bank to unconditionally assume, and each Parent corporation to guarantee, by written instrument delivered to Executive (or his beneficiary or estate), all of the obligations of Company hereunder. Failure of Company to obtain such assumption prior to the effective date of any such Business Combination that constitutes a Change of Control shall be a breach of this Agreement and shall constitute Good Reason hereunder. For purposes of implementing the foregoing, the date upon which any such Business Combination becomes effective shall be deemed to be the date Good Reason occurs and shall be the effective date of termination hereunder if requested by Executive.
Appears in 4 contracts
Samples: Employment Agreement (Sterling Bancshares Inc), Employment Agreement (Sterling Bancshares Inc), Employment Agreement (Sterling Bancshares Inc)