Successor to Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this Agreement, shall mean the Company as hereinbefore defined and any successor or assignee to the business or assets which by reason hereof becomes bound by this Agreement.
Appears in 10 contracts
Samples: Fourth Amended Severance Compensation Agreement (Pershing Gold Corp.), Third Amended Severance Compensation Agreement (Pershing Gold Corp.), Second Amended Severance Compensation Agreement (Pershing Gold Corp.)
Successor to Company. This Agreement shall bind any successor of to the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “In the event that a successor fails to expressly and unconditionally assume and agree to perform the Company,” as used in ’s obligations under this Agreement, such failure shall mean the Company as hereinbefore defined and any successor or assignee be deemed to the business or assets which by reason hereof becomes bound by be a material breach of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Qep Resources, Inc.), Employment Agreement (Qep Resources, Inc.)
Successor to Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this Agreement, shall mean the Company as hereinbefore defined herein and any successor or assignee to the business or assets which by reason hereof becomes bound by this Agreement.
Appears in 2 contracts
Samples: Severance Compensation Agreement (Coterra Energy Inc.), Severance Compensation Agreement (Cimarex Energy Co)
Successor to Company. This Agreement Plan shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement Plan if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this AgreementPlan, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this AgreementPlan, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this AgreementPlan, shall mean the Company as hereinbefore defined and any successor or assignee to the business or assets which by reason hereof becomes bound by this AgreementPlan.
Appears in 2 contracts
Samples: FCStone Group, Inc., FCStone Group, Inc.
Successor to Company. This Agreement shall bind any successor of to the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement Plan if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “In the event that a successor fails to expressly and unconditionally assume and agree to perform the Company,” as used in ’s obligations under this Agreement, such failure shall mean the Company as hereinbefore defined and any successor or assignee be deemed to the business or assets which by reason hereof becomes bound by be a material breach of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Questar Corp)
Successor to Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s 's obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “"Company,” " as used in this Agreement, shall mean the Company as hereinbefore defined herein and any successor or assignee to the business or assets which by reason hereof becomes bound by this Agreement.
Appears in 1 contract
Successor to Company. This Agreement shall bind any successor of the Company, its assets assets, or its businesses (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this Agreement, shall mean the Company as hereinbefore defined and any successor or assignee to the business or assets which by reason hereof becomes bound by this Agreement.
Appears in 1 contract
Samples: Separation and Release Agreement (Rayonier Advanced Materials Inc.)
Successor to Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this Agreement, shall mean the Company as hereinbefore defined and any successor or assignee to the business or assets assets, which by reason hereof hereof, becomes bound by this Agreement.
Appears in 1 contract
Samples: Employment Continuity Agreement (Bassett Furniture Industries Inc)
Successor to Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise), in the same manner and to the same extent that the Company would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Agreement, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations under this Agreement, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The term “Company,” as used in this Agreement, Agreement shall mean the Company as hereinbefore defined and any successor or assignee to the business or assets which by reason hereof becomes bound by this Agreement.
Appears in 1 contract
Samples: Severance Compensation Agreement (Pershing Gold Corp.)