Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors or assigns without the necessity that this Agreement be re-signed at the time of such assignment. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 14 contracts
Samples: Severance and Change in Control Agreement (Aveo Pharmaceuticals, Inc.), Severance and Change in Control Agreement (Aveo Pharmaceuticals Inc), Severance and Change in Control Agreement (Aveo Pharmaceuticals Inc)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to obtain an assumption of this Agreement at or prior to the benefit effectiveness of and any succession shall be enforceable by such successors or assigns without the necessity that a breach of this Agreement be re-signed at and shall constitute Good Reason if the time of such assignmentExecutive elects to terminate employment in a manner consistent with the procedures for Good Reason. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 6 contracts
Samples: Form of Executive Retention Agreement (Commvault Systems Inc), Executive Retention Agreement (Commvault Systems Inc), Form of Executive Retention Agreement (Commvault Systems Inc)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to obtain an assumption of this Agreement at or prior to the benefit effectiveness of and any succession shall be enforceable by such successors or assigns without the necessity that a breach of this Agreement be re-signed at and shall constitute Good Reason if the time of such assignmentExecutive elects to terminate employment. As used in this Agreement, “"Company” " shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 3 contracts
Samples: Executive Retention Agreement (America Online Latin America Inc), Executive Retention Agreement (America Online Latin America Inc), Executive Retention Agreement (America Online Latin America Inc)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to obtain an assumption of this Agreement at or prior to the benefit effectiveness of and any succession shall be enforceable by such successors or assigns without the necessity that a breach of this Agreement be re-signed at and shall constitute Good Reason if the time of such assignmentExecutive elects to terminate employment. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 2 contracts
Samples: Executive Retention Agreement (America Online Latin America Inc), Executive Retention Agreement (America Online Latin America Inc)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to obtain an assumption of this Agreement at or prior to the benefit effectiveness of and any succession shall be enforceable by such successors or assigns without the necessity that a breach of this Agreement be re-signed at and shall constitute Good Reason if the time of such assignmentExecutive elects to terminate employment in a manner consistent with the procedures for Good Reason. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 1 contract
Samples: Executive Retention Agreement (Bottomline Technologies Inc /De/)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors or assigns without the necessity that this Agreement be re-signed at the time of such assignment. As used in this Agreement, “"Company” " shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (Aveo Pharmaceuticals, Inc.)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation operation of law or otherwise) to all or substantially all of the business or and/or assets of the Company expressly to assume expressly 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 succession had taken place. All covenants and agreements hereunder , but, irrespective of any such assignment or assumption, this Agreement shall inure to the benefit of and be enforceable by binding upon such successors or assigns without the necessity that this Agreement be re-signed at the time of such assignmenta successor. As used in this Agreement, “"Company” " shall mean the Company as hereinbefore defined above and any successor to its business or and/or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwiseaforesaid.
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Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise, and including, without limitation, any Liquidating Trust) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to obtain an assumption of this Agreement at or prior to the benefit effectiveness of and any succession shall be enforceable by such successors or assigns without the necessity that a breach of this Agreement be re-signed at and shall constitute Good Reason if the time of such assignmentExecutive elects to terminate employment. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
Appears in 1 contract
Samples: Executive Retention Agreement (America Online Latin America Inc)
Successor to Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. All covenants and agreements hereunder shall inure Failure of the Company to the benefit obtain an assumption of and be enforceable by such successors or assigns without the necessity that this Agreement and shall constitute Good Reason if the Executive elects to terminate employment, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be re-signed at deemed the time Date of such assignmentTermination. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise.
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