Common use of Successor Party Clause in Contracts

Successor Party. The Company shall 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 (a "Successor") 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 such agreement prior to or simultaneously with the effectiveness of any such succession is executed and delivered to Magro, such failure shall constitute a material breach of this Agreement. Magro agrees that the assumption by any successor party of the duties and responsibilities of the Company under this Agreement shall relieve the Company of any and all duties or responsibilities under this Agreement. Moreover, such a successor party to this Agreement shall have all rights currently afforded the Company or its Board of Directors under this Agreement.

Successor Party. The Company shall 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 (a "Successor") 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 such agreement prior to or simultaneously with the effectiveness of any such succession is executed and delivered to MagroMattxxx, such xxch failure shall constitute a material breach of this Agreement. Magro agrees Mattxxx xxxees that the assumption by any successor party of the duties and responsibilities of the Company under this Agreement shall relieve the Company of any and all duties or responsibilities under this Agreement. Moreover, such a successor party to this Agreement shall have all rights currently afforded the Company or its Board of Directors under this Agreement.

Successor Party. The Company shall 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 (a "Successor") 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 such agreement prior to or simultaneously with the effectiveness of any such succession is executed and delivered to MagroShulxx, such xxch failure shall constitute a material breach of this Agreement. Magro agrees Shulxx xxxees that the assumption by any successor party of the duties and responsibilities of the Company under this Agreement shall relieve the Company of any and all duties or responsibilities under this Agreement. Moreover, such a successor party to this Agreement shall have all rights currently afforded the Company or its Board of Directors under this Agreement.

Successor Party. The Company shall 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 (a "Successor") 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 such agreement prior to or simultaneously with the effectiveness of any such succession is executed and delivered to MagroCostxxxx, such xxch failure shall constitute a material breach of this Agreement. Magro agrees Costxxxx xxxees that the assumption by any successor party of the duties and responsibilities of the Company under this Agreement shall relieve the Company of any and all duties or responsibilities under this Agreement. Moreover, such a successor party to this Agreement shall have all rights currently afforded the Company or its Board of Directors under this Agreement.

Successor Party. The Company shall 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 (a "Successor") 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 such agreement prior to or simultaneously with the effectiveness of any such succession is executed and delivered to MagroWombxxx, such xxch failure shall constitute a material breach of this Agreement. Magro agrees Wombxxx xxxees that the assumption by any successor party of the duties and responsibilities of the Company under this Agreement shall relieve the Company of any and all duties or responsibilities under this Agreement. Moreover, such a successor party to this Agreement shall have all rights currently afforded the Company or its Board of Directors under this Agreement.