Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 28 contracts
Samples: Executive Severance Agreement (TechnipFMC PLC), Severance Agreement (FMC Corp), Severance Agreement (FMC Corp)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. The date on which any such succession becomes effective shall be deemed to be the date of the Change in Control.
Appears in 13 contracts
Samples: Severance Agreement (Cullen/Frost Bankers, Inc.), Severance Agreement (Cullen/Frost Bankers, Inc.), Severance Agreement (Cullen/Frost Bankers, Inc.)
Successors to the Company. The Company will shall require any successor (or assignee, whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of , to all or substantially all of the business and/or or assets of the Company or of any division or subsidiary thereof Company, expressly and unconditionally to expressly assume and agree to perform the Company’s obligations under this Agreement Agreement, in the same manner and to the same extent that the Company would be required to perform them if no such succession or assignment had taken place.
Appears in 12 contracts
Samples: Change in Control Agreement (River Financial Corp), Change in Control Agreement (River Financial Corp), Employment Agreement (If Bancorp, Inc.)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 12 contracts
Samples: Agreement (JOANN Inc.), Executive Severance Agreement (Amkor Technology, Inc.), Executive Severance Agreement (Amkor Technology, Inc.)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof (the business and/or assets of which constitute at least fifty percent (50%) of the total business and/or assets of the Company) to expressly 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 them if no such succession had not taken place.
Appears in 11 contracts
Samples: Change in Control Severance Agreement (Qlogic Corp), Qlogic Corporation Change in Control Severance Agreement (Qlogic Corp), Qlogic Corporation Change in Control Severance Agreement (Qlogic Corp)
Successors to the Company. This Agreement shall be binding upon and inure to the benefit of the Company and any successor of the Company. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of to all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them it if no such succession had taken place.
Appears in 8 contracts
Samples: Change in Control Agreement (Consumers Bancorp Inc /Oh/), Change in Control Agreement (Security Capital Group Inc/), Change in Control Agreement (Security Capital Group Inc/)
Successors to the Company. This Agreement shall be binding upon and inure to the benefit of the Company and any successor of the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of to all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them it if no such succession had taken place.
Appears in 6 contracts
Samples: Change in Control Retention Agreement (INX Inc), Agreement Regarding Change in Control (Case Corp), Agreement Regarding (Case Corp)
Successors to the Company. The Company will shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) of all or substantially all of the business and/or or assets of the Company or of any division or subsidiary thereof by agreement, to expressly assume and agree to perform the Company’s obligations under this Agreement Plan in the same manner and to the same extent that the Company would be required to perform them if no such succession had taken place. Regardless of whether such agreement is executed, this Plan shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed “the Company” for purposes of this Plan.
Appears in 6 contracts
Samples: www.sec.gov, Reynolds American Inc, Reynolds American Inc
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. The date on which any such succession becomes effective shall be deemed to be the date of the Change in Control.
Appears in 5 contracts
Samples: Control Severance Agreement (Mitchell Energy & Development Corp), Control Severance Agreement (Mitchell Energy & Development Corp), Control Severance Agreement (Mitchell Energy & Development Corp)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. The date on which any such succession becomes effective shall be deemed to be the date of the Change in Control.
Appears in 5 contracts
Samples: Severance Agreement (Lee Sara Corp), Severance Agreement (Cullen Frost Bankers Inc), Earthgrains Co /De/
Successors to the Company. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of to all or substantially all of the business and/or or assets of the Company or of any division or subsidiary thereof expressly to expressly 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 them it if no such succession had taken place. Failure of the Company to obtain an assumption of this Agreement at or prior to the effectiveness of any succession shall be a material breach of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (PCSB Financial Corp), Employment Agreement (PCSB Financial Corp), Employment Agreement (PCSB Financial Corp)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. Section 9.02.
Appears in 4 contracts
Samples: 97955201v2 Executive Severance Agreement (Arcadium Lithium PLC), 97955151v2 Executive Severance Agreement (Arcadium Lithium PLC), Executive Severance Agreement (Livent Corp.)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 4 contracts
Samples: Severance Agreement (TechnipFMC PLC), Executive Severance Agreement (TechnipFMC PLC), Severance Agreement (FMC Technologies Inc)
Successors to the Company. The Company will require any successor ------------------------- (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 3 contracts
Samples: Agreement (FMC Corp), Agreement (FMC Technologies Inc), Agreement (FMC Technologies Inc)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly assume and agree to perform the Company’s obligations under this Agreement the Plan in the same manner and to the same extent that the Company would be required to perform them if no such succession had taken place.
Appears in 2 contracts
Samples: Separation Agreement (Smart & Final Stores, Inc.), Separation Agreement (Smart & Final Stores, Inc.)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. 11.2.
Appears in 2 contracts
Samples: John Bean Technologies CORP, John Bean Technologies CORP
Successors to the Company. The Company will require any successor (whether ------------------------- direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 2 contracts
Samples: Agreement (FMC Corp), Agreement (FMC Corp)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof (the business and/or assets of which constitute at least fifty percent (50%) of the total business and/or assets of the Company) to expressly 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 them if no such succession had not taken place.
Appears in 2 contracts
Samples: Control Severance Agreement (Qlogic Corp), Control Severance Agreement (Qlogic Corp)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof (the business and/or assets of which constitute at least fifty percent (50%) of the total business and/or assets of the Company) to expressly assume and agree to perform the Company’s obligations under this Agreement Amendment in the same manner and to the same extent that the Company would be required to perform them if no such succession had not taken place.
Appears in 1 contract
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, a similar business combination transaction or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. The date on which any such succession becomes effective shall be deemed to be the date of the Change in Control.
Appears in 1 contract
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.
Appears in 1 contract
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. 10.2.
Appears in 1 contract
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 perfonn them if no such succession had taken place. Section 9.02.
Appears in 1 contract
Samples: Form of Executive Severance Agreement (Livent Corp.)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.. Failure of the Company to obtain such assumption and agreement prior to the effective date of any such succession shall be a material breach of this Agreement and shall entitle the Executive to
Appears in 1 contract
Samples: Control Agreement (Weyerhaeuser Co)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, a similar business combination transaction or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. The date on which any such succession becomes effective shall be deemed to be the date of the Change in Control.
Appears in 1 contract
Samples: Agreement (Deere & Co)
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place.. Section 9.2
Appears in 1 contract
Samples: www.sec.gov
Successors to the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) of all or substantially all of the business and/or assets of the Company or of any division or subsidiary thereof to expressly 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 them if no such succession had taken place. Section 9.02.
Appears in 1 contract
Samples: Form of Executive Severance Agreement (Livent Corp.)
Successors to the Company. The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) of to all or substantially all of the business and/or or assets of the Company or of any division or subsidiary thereof expressly to expressly 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 them it if no such succession had taken place.. Failure of the Company to obtain an assumption of this Agreement at or prior to the effectiveness of any succession shall be a material breach of this Agreement. {Clients/1511/00286759.DOCX/2 }
Appears in 1 contract
