Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place.
Appears in 26 contracts
Samples: Change of Control Retention and Severance Agreement, Change of Control Retention and Severance Agreement, Change of Control Agreement (Warren Resources Inc)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to assume and agree to perform this Agreement Certificate in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place.
Appears in 4 contracts
Samples: Performance Based Restricted Stock Unit Agreement (Move Inc), Performance Based Restricted Stock Unit Agreement (Move Inc), Performance Based Restricted Stock Unit Agreement (Move Inc)
Successors of the Company. The Company will shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place.
Appears in 3 contracts
Samples: Severance and Change in Control Agreement (Packeteer Inc), Change in Control Agreement (Packeteer Inc), Severance and Change in Control Agreement (Packeteer Inc)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place. Failure of the Company to obtain such agreement shall be a material breach of this Agreement.
Appears in 3 contracts
Samples: Executive Retention and Severance Agreement (Bay Networks Inc), Officer Retention and Severance Agreement (Bay Networks Inc), Executive Retention and Severance Agreement (Bay Networks Inc)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to assume and agree to perform this Agreement Agreement. Except for purposes of the foregoing sentence, as used in the same manner and to the same extent that this Agreement, "Company" shall mean the Company would be required as hereinbefore defined and any successor to perform it if no such succession or assignment had taken placeits business and/or assets as aforesaid.
Appears in 2 contracts
Samples: Employment Agreement (Aerolink International Inc), Employment Agreement (Aerolink International Inc)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 11 EXECUTIVE RETENTION AND SEVERANCE AGREEMENT PAGE 11 succession or assignment had taken place. Failure of the Company to obtain such agreement shall be a material breach of this Agreement.
Appears in 1 contract
Samples: Executive Retention and Severance Agreement (Bay Networks Inc)
Successors of the Company. The Company will require any successor or ------------------------- assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place. Failure of the Company to obtain such agreement shall be a material breach of this Agreement.
Appears in 1 contract
Samples: Executive Retention and Severance Agreement (At Home Corp)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business business and/or assets of the Company, expressly, absolutely and unconditionally Company 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 perform it if no such succession or assignment had taken place. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets which assumes and agrees to perform this Agreement by operation of law or otherwise.
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Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to assume and agree to perform satisfy the terms of this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. Failure of the Company to obtain such agreement shall be a material breach of this Agreement.
Appears in 1 contract
Samples: Executive Retention and Severance Agreement (Digital Link Corp)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place.. Failure of the Company to obtain such agreement prior to the effectiveness of any such succession transaction shall automatically be a
Appears in 1 contract
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally Company 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 or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as hereinbefore defined and any successors to its business and/or assets.
Appears in 1 contract
Successors of the Company. The Company will require any successor Successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place.and
Appears in 1 contract
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally Company to 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 or assignment had taken place.. Failure of the Company to obtain such agreement prior to the effectiveness of any such succession transaction shall be a breach of this
Appears in 1 contract
Samples: Severance Plan (Perspecta Inc.)
Successors of the Company. The Company will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place.. Failure of the Company to obtain such agreement prior to the
Appears in 1 contract
Samples: Retention Agreement (Maxtor Corp)
Successors of the Company. The Company will require any successor Successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, expressly, absolutely and unconditionally to 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 or assignment had taken place. Failure of the Company to obtain such agreement shall be a material breach of this Agreement.
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