Successors and Assigns of Surviving Corporation. In the event that the Surviving Corporation or any of its successors or assigns (i) consolidates with or merges into any other person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any person, then, and in each such case, proper provision will be made so that the successors and assigns of the Surviving Corporation assume the obligations set forth in this Section 5.7.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (International Multifoods Corp), Agreement and Plan of Merger (Smtek International Inc), Agreement and Plan of Merger (Smucker J M Co)
Successors and Assigns of Surviving Corporation. In the event that the Surviving Corporation or any of its successors or assigns (i) consolidates with or merges into any other person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any person, then, and in each such case, proper provision will be made so that the successors and assigns of the Surviving Corporation assume the obligations set forth in this Section 5.75.5.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cleveland Cliffs Inc), Agreement and Plan of Merger (Alpha Natural Resources, Inc.)
Successors and Assigns of Surviving Corporation. In the event that the Surviving Corporation or any of its successors or assigns (i) consolidates with or merges into any other person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any person, then, and in each such case, proper provision will be made so that the successors and assigns of the Surviving Corporation assume the obligations set forth in this Section 5.76.3.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arch Coal Inc), Agreement and Plan of Merger (International Coal Group, Inc.)
Successors and Assigns of Surviving Corporation. In the event that Parent or the Surviving Corporation or any of its their respective successors or assigns (i) consolidates with or merges into any other person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any person, then, and in each such case, Parent shall cause proper provision will provisions to be made so that the successors and assigns of Parent or the Surviving Corporation Corporation, as the case may be, assume the obligations set forth in this Section 5.7.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (May Department Stores Co), Agreement and Plan of Merger (Linens N Things Inc)
Successors and Assigns of Surviving Corporation. In the event that Parent or the Surviving Corporation or any of its their respective successors or assigns (i) consolidates with or merges into any other person Person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any personPerson, then, and in each such case, Parent shall cause proper provision will provisions to be made so that the successors and assigns of Parent or the Surviving Corporation Corporation, as the case may be, assume the obligations set forth in this Section 5.75.8.
Appears in 1 contract
Successors and Assigns of Surviving Corporation. In the event that If the Surviving Corporation or any of its successors or assigns (i) consolidates with or merges into any other person and is not the continuing or surviving corporation or entity of such consolidation or merger or (ii) transfers or conveys all or substantially all of its properties and assets to any person, then, and in each such case, Parent and the Surviving Corporation shall make proper provision will be made so that the successors and assigns of the Surviving Corporation will assume fully the obligations set forth in this Section 5.75.4.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Keithley Instruments Inc)
