Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the Company.
Appears in 15 contracts
Samples: Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 12 contracts
Samples: Severance Agreement (National Processing Inc), Change in Control Severance Agreement (Sterling Software Inc), Severance Agreement (National Processing Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the Company.
Appears in 8 contracts
Samples: Executive Severance Agreement (Scan Optics Inc), Executive Severance Agreement (Scan Optics Inc), Executive Severance Agreement (Scan Optics Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "“Company" ” for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the Company.
Appears in 6 contracts
Samples: Change in Control Executive Severance Agreement (Advo Inc), Change in Control Executive Severance Agreement (Advo Inc), Change in Control Executive Severance Agreement (Advo Inc)
Successors and Binding Agreement. (a) The Company will require -------------------------------- any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the Company.
Appears in 5 contracts
Samples: Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the Company.
Appears in 5 contracts
Samples: Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc), Executive Severance Agreement (Advo Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor to all or substantially all of the businesses or assets of the Company (whether direct or indirect, by purchase, merger, consolidation, reorganization, confirmed reorganization plan or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or businesses or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, confirmed reorganization plan or otherwise (and such successor will thereafter be deemed "the "Company" for the purposes of this Agreement).
(b) This Agreement will inure to the benefit of and be enforceable by Employee's personal or legal representatives, but will not otherwise be assignableexecutors, transferableadministrators, or delegable by the Companysuccessors, heirs, distributees and legatees.
Appears in 5 contracts
Samples: Employment Agreement (Pillowtex Corp), Employment Agreement (Pillowtex Corp), Employment Agreement (Pillowtex Corp)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 5 contracts
Samples: Severance Agreement (Outboard Marine Corp), Severance Agreement (Belden & Blake Corp /Oh/), Severance Agreement (Outboard Marine Corp)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 5 contracts
Samples: Change in Control Severance Agreement (Sterling Software Inc), Change in Control Severance Agreement (Sterling Software Inc), Change in Control Severance Agreement (Sterling Software Inc)
Successors and Binding Agreement. (a) The Company will shall require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, or delegable by the Company.
Appears in 2 contracts
Samples: Severance Agreement (Red Roof Inns Inc), Severance Agreement (Red Roof Inns Inc)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "“Company" ” for the purposes of this Agreement), but will not otherwise be assignable, transferable, assignable transferable or delegable by the Company.
Appears in 1 contract
Successors and Binding Agreement. (a) The Company will shall require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the ExecutiveConsultant, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons Persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will shall thereafter be deemed the "“Company" ” for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, or delegable by the Company.
Appears in 1 contract
Samples: Consulting Services Agreement (Benchmark Electronics Inc)
Successors and Binding Agreement. (a) The Company will shall require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 1 contract
Successors and Binding Agreement. (a) The Company Corporation will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or substantially all of the business and/or assets of the CompanyCorporation, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company Corporation would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company Corporation and any successor to the CompanyCorporation, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company, Corporation whether by purchase, merger, consolidation, reorganization, or otherwise (and such successor will thereafter be deemed the "CompanyCorporation" for the purposes of this Agreement), but will not otherwise be assignable, transferable, or delegable by the CompanyCorporation.
Appears in 1 contract
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 1 contract
Samples: Change in Control Severance Agreement (CNX Resources Corp)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the ExecutiveConsultant, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 1 contract
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the ExecutiveIndemnitee and his or her counsel, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons person acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will not otherwise be assignable, transferable, assignable or delegable delegatable by the Company.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (New Albertsons INC)
Successors and Binding Agreement. (a) The Company will shall require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the ExecutiveIndemnitee and his or her counsel, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, including any persons person acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will thereafter be deemed the "“Company" ” for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, assignable or delegable delegatable by the Company.
Appears in 1 contract
Samples: Indemnification Agreement (Diamond S Shipping Inc.)
Successors and Binding Agreement. (a) The Company will require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, without limitation, any persons acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will shall thereafter be deemed the "Company" for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, transferable or delegable by the Company.
Appears in 1 contract
Successors and Binding Agreement. (a) The Company will shall require any -------------------------------- successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or substantially all of the business and/or or assets of the Company, by agreement in form and substance satisfactory to the ExecutiveIndemnitee and his counsel, expressly to assume and agree to perform this agreement Agreement in the same manner and to the same extent the Company would be required to perform if no such succession had taken place. This Agreement will shall be binding upon and inure to the benefit of the Company and any successor to the Company, including, including without limitation, limitation any persons person acquiring directly or indirectly all or substantially all of the business and/or or assets of the Company, Company whether by purchase, merger, consolidation, reorganization, reorganization or otherwise (and such successor will thereafter be deemed the "Company" for the purposes of this Agreement), but will shall not otherwise be assignable, transferable, assignable or delegable delegatable by the Company.
Appears in 1 contract
Samples: Indemnification Agreement (International Coal Group, Inc.)