Successors and Binding Agreement. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or a majority of the business, assets, or income or revenue generating capacity of the Company, by agreement in form and substance reasonably satisfactory to Indemnitee, to expressly 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 shall be binding upon and inure to the benefit of the Company and any successor to the Company by operation of law or otherwise.
Appears in 24 contracts
Samples: Indemnification Agreement (ROC Energy Acquisition Corp.), Indemnification Agreement (Midwest Holding Inc.), Indemnification Agreement (Midwest Holding Inc.)
Successors and Binding Agreement. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, consolidation or otherwise) to all or a majority substantially all of the business, assets, business or income or revenue generating capacity assets of the Company, by agreement in form and substance reasonably satisfactory to IndemniteeExecutive, to expressly 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 shall be binding upon and inure to the benefit of the Company and any successor to the Company by operation of law or otherwiseAgreement.
Appears in 1 contract
Samples: Management Continuity Agreement
Successors and Binding Agreement. (a) The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, reorganization or otherwise) to all or a majority substantially all of the business, assets, business or income or revenue generating capacity assets of the Company, by agreement in form and substance reasonably satisfactory to Indemniteethe Executive, expressly to expressly 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 shall be binding upon and inure to the benefit of the Company and any successor to the Company by operation of law or otherwise.taken
Appears in 1 contract
Samples: Severance Agreement (Gencorp Inc)
Successors and Binding Agreement. (A) The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, or otherwise) to all or a majority substantially all of the business, assets, business or income or revenue generating capacity assets of the Company, Company by agreement in form and substance reasonably satisfactory to Indemnitee, the Executive to expressly 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 If, at any time during the Window Period following a Change in Control, there shall not be binding upon in full force and inure effect an agreement between any such successor and the Executive to the benefit of the Company and any successor to the Company by operation of law or otherwise.effect
Appears in 1 contract
Successors and Binding Agreement. (i) The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization, consolidation or otherwise) otherwise to all or a majority substantially all of the business, assets, or income or revenue generating capacity business and/or assets of the Company), by agreement in form and substance reasonably satisfactory to IndemniteeExecutive, 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 succession had taken place. This Agreement shall be binding upon and inure to the benefit Failure of the Company and any successor to obtain such agreement prior to the Company by operation effectiveness of law or otherwise.any such succession shall be a
Appears in 1 contract