Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives. (b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. (c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 478 contracts
Samples: Change in Control Agreement (Strattec Security Corp), Employment Agreement (Strattec Security Corp), Esa Retention Agreement (Bank of America Corp /De/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 174 contracts
Samples: Change in Control Severance Agreement (Smurfit Westrock PLC), Employment Agreement (Unisys Corp), Change of Control Employment Agreement
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 79 contracts
Samples: Employment Agreement (Hudson Pacific Properties, L.P.), Employment Agreement (Hudson Pacific Properties, L.P.), Employment Agreement (Hudson Pacific Properties, L.P.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 50 contracts
Samples: Severance Agreement (Westinghouse Air Brake Technologies Corp), Change in Control Agreement (Lowes Companies Inc), Change in Control Agreement (Lowes Companies Inc)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 48 contracts
Samples: Employment Agreement (Rexford Industrial Realty, Inc.), Employment Agreement (Aziyo Biologics, Inc.), Employment Agreement (Aziyo Biologics, Inc.)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (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 to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean both the Company as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 43 contracts
Samples: Executive Employment Agreement (SP Plus Corp), Employment Agreement (Park Place Entertainment Corp), Employment Agreement (Park Place Entertainment Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 42 contracts
Samples: Employment Agreement (Zicix Corp), Employment Agreement (Zicix Corp), Employment Agreement (Atomic Studios, Inc.)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (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 to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, "“Company" ” shall mean both the Company as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 37 contracts
Samples: Employment Agreement (Cencora, Inc.), Employment Agreement (Cencora, Inc.), Ceo Employment Agreement (SP Plus Corp)
Successors. (a) This Agreement is personal to the Executive and Executive, and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean means the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 32 contracts
Samples: Change of Control Agreement (Payless Shoesource Inc /De/), Change of Control Employment Agreement (Investors Financial Services Corp), Change of Control Employment Agreement (Investors Financial Services Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 32 contracts
Samples: Employment Agreement (Regions Financial Corp), Employment Agreement (Regions Financial Corp), Change in Control Agreement (Cti Molecular Imaging Inc)
Successors. (a) This Agreement is personal to the Executive and ---------- without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 27 contracts
Samples: Employment Agreement (Golden State Bancorp Inc), Employment Agreement (Life Technologies Inc), Employment Agreement (National Commerce Bancorporation)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwiseaforesaid.
Appears in 27 contracts
Samples: Executive Employment Agreement (Idexx Laboratories Inc /De), Executive Employment Agreement (Idexx Laboratories Inc /De), Change of Control Agreement (Hemacare Corp /Ca/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 27 contracts
Samples: Employment Agreement (Growblox Sciences, Inc.), Employment Agreement (Growblox Sciences, Inc.), Employment Agreement (Growblox Sciences, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, law or otherwise. As used in this Agreement, the term “affiliated companies” shall include any company controlled by, controlling or under common control with the Company.
Appears in 26 contracts
Samples: Employment Agreement (First Industrial Lp), Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group, L.P.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwiseaforesaid.
Appears in 22 contracts
Samples: Executive Employment Agreement (Idexx Laboratories Inc /De), Change in Control Agreement (Idexx Laboratories Inc /De), Change in Control Agreement (Idexx Laboratories Inc /De)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, purchase merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise, including without limitation, a Change in Control.
Appears in 22 contracts
Samples: Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.), Employment Agreement (Sunstone Hotel Investors, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 21 contracts
Samples: Severance Agreement (Us Airways Inc), Employment Agreement (Us Airways Inc), Employment Agreement (Lindberg Corp /De/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 19 contracts
Samples: Severance Agreement (Lufkin Industries Inc), Severance Agreement (Lufkin Industries Inc), Severance Agreement (Lufkin Industries Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 18 contracts
Samples: Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co), Executive Retention Employment Agreement (Florida Power & Light Co)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, pursuant to a Change in Control or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 16 contracts
Samples: Employment Agreement (Reata Pharmaceuticals Inc), Employment Agreement (Reata Pharmaceuticals Inc), Employment Agreement (Reata Pharmaceuticals Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the term “Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 16 contracts
Samples: Change of Control Agreement (Littelfuse Inc /De), Change of Control Agreement (Littelfuse Inc /De), Change of Control Agreement (Littelfuse Inc /De)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the term “Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 16 contracts
Samples: Change of Control Agreement (Littelfuse Inc /De), Change of Control Agreement (Littelfuse Inc /De), Change of Control Agreement (Littelfuse Inc /De)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company Corporation shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company Corporation and its successors and assignssuccessors.
(c) The Company Corporation will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Corporation to expressly assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform it if no such succession had taken place. As used in this Agreement, "CompanyCorporation" shall mean the Company Corporation as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 16 contracts
Samples: Change of Control Agreement (Bard C R Inc /Nj/), Executive Employment Agreement (Bard C R Inc /Nj/), Executive Employment Agreement (Bard C R Inc /Nj/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) . This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "(i) the “Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise, and (ii) “affiliate” shall mean any entity controlled by, controlling or under common control with the Company, and shall include any predecessor entity, including, without limitation, such entity prior to it becoming an affiliate of the Company, and any successor entity.
Appears in 16 contracts
Samples: Non Competition Agreement (Webster Financial Corp), Non Competition Agreement (Webster Financial Corp), Non Competition Agreement (Webster Financial Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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 success 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 as aforesaid which assumes assumed and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 16 contracts
Samples: Employment Agreement (Merit Medical Systems Inc), Employment Agreement (Merit Medical Systems Inc), Employment Agreement (Merit Medical Systems Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 15 contracts
Samples: Employment Agreement (Weatherford International Inc /New/), Change in Control Agreement (Sifco Industries Inc), Employment Agreement (National Oilwell Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore herein before defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 14 contracts
Samples: Employment Agreement (Clorox Co /De/), Employment Agreement (York International Corp /De/), Employment Agreement (York International Corp /De/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 14 contracts
Samples: Change in Control and Severance Agreement (Sifco Industries Inc), Employment Agreement (NOW Inc.), Employment Agreement (NOW Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 14 contracts
Samples: Change in Control Severance Agreement (Harsco Corp), Change in Control Severance Agreement (Harsco Corp), Employment Agreement (Avery Dennison Corporation)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, the term "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 13 contracts
Samples: Change of Control Employment Agreement (Littelfuse Inc /De), Change of Control Employment Agreement (Littelfuse Inc /De), Change of Control Employment Agreement (Littelfuse Inc /De)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise. As used in this Agreement, the term “affiliated companies” shall include any company controlled by, controlling or under common control with the Company.
Appears in 13 contracts
Samples: Employment Agreement (Kbw, Inc.), Employment Agreement (Kbw, Inc.), Employment Agreement (Kbw, Inc.)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, no obligations or rights hereunder shall not be assignable by the Executive otherwise than by will or the laws of descent and or distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 12 contracts
Samples: Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon (i) the Company and its successors and assigns; (ii) Executive and Executive’s heirs and legal representatives, except that Executive’s duties and responsibilities under this Agreement are of a personal nature and will not be assignable or delegable in whole or in part; and (iii) Executive Parties as provided in Section 10.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition or otherwise) to all or substantially all of the business and/or and or assets of the Company to assume expressly 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. As used in this Agreement, "Company" ‘the company” shall mean the Company as hereinbefore defined and any successor to its business and/or and or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 12 contracts
Samples: Executive Employment Agreement (Beta Music Group, Inc.), Executive Employment Agreement (Beta Music Group, Inc.), Executive Employment Agreement (Beta Music Group, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(ba) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business (whether direct or indirect, by purchase of ownership interests, merger, consolidation or otherwise and/or purchase of assets of the Company Company) to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 12 contracts
Samples: Employment Agreement (Blue Earth, Inc.), Employment Agreement (Blue Earth, Inc.), Employment Agreement (Blue Earth, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon enforceable by the Company and its successors and assignsExecutive’s legal representatives. Except as provided in Section 11(c), without the prior written consent of the Executive this Agreement shall not be assignable by the Company.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 12 contracts
Samples: Employment Agreement (Lee Enterprises, Inc), Employment Agreement (Lee Enterprises, Inc), Employment Agreement (Lee Enterprises, Inc)
Successors. (a) a. This Agreement is personal to the Executive and Key Employee and, without the prior written consent of the Company Company, shall not be assignable by the Executive Key Employee otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's Key Employee’s legal representatives.
(b) b. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) . The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 11 contracts
Samples: Employment Agreement (Acer Therapeutics Inc.), Employment Agreement (Acer Therapeutics Inc.), Employment Agreement (Acer Therapeutics Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company and/or the Parent to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 11 contracts
Samples: Employment Agreement (Healthaxis Inc), Employment Agreement (Healthaxis Inc), Change in Control Employment Agreement (Healthaxis Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined in this Agreement and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 10 contracts
Samples: Employment Agreement (RigNet, Inc.), Employment Agreement (RigNet, Inc.), Employment Agreement (RigNet, Inc.)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(ba) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 10 contracts
Samples: Employment Agreement (Skullcandy, Inc.), Employment Agreement (Skullcandy, Inc.), Employment Agreement (Skullcandy, Inc.)
Successors. (a) This Agreement is personal to the Executive Officer and without the prior written consent of the Company shall not be assignable by the Executive Officer otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's Officer’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“the Company" ” shall mean the Company CryoLife as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 10 contracts
Samples: Change of Control Agreement (Cryolife Inc), Change of Control Agreement (Cryolife Inc), Change of Control Agreement (Cryolife Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be he assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be he binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 9 contracts
Samples: Employment Agreement (Indiana Energy Inc), Employment Agreement (Indiana Energy Inc), Employment Agreement (Indiana Energy Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) . This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 9 contracts
Samples: Employment Agreement (Cit Group Inc), Employment Agreement (Cit Group Inc), Employment Agreement (Cit Group Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company or the relevant Business Unit to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company or such Business Unit would be required to perform it if no such succession 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 as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 9 contracts
Samples: Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc), Employment Agreement (Incyte Genomics Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be he assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 9 contracts
Samples: Employment Agreement (Vectren Corp), Employment Agreement (Vectren Corp), Employment Agreement (Vectren Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, statutory share exchange, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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; provided, however, that no such assumption shall relieve the Company of its obligations hereunder. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 8 contracts
Samples: Employment Agreement (Rinker Group LTD), Employment Agreement (Rinker Group LTD), Employment Agreement (Rinker Group LTD)
Successors. (a) 9.1 This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable assigned by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) 9.2 This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) 9.3 The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the term “Company" ” shall mean the Company as hereinbefore defined above and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 8 contracts
Samples: Employment Agreement (Neutron Energy, Inc.), Employment Agreement (Neutron Energy, Inc.), Employment Agreement (Neutron Energy, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the term “Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 8 contracts
Samples: Key Employee Change of Control Contract (Western Midstream Operating, LP), Key Employee Change of Control Contract (Western Midstream Operating, LP), Key Employee Change of Control Contract (Anadarko Petroleum Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ' s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined York International Corporation and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 8 contracts
Samples: Employment Agreement (York International Corp /De/), Employment Agreement (York International Corp /De/), Employment Agreement (York International Corp /De/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "CompanyCOMPANY" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 8 contracts
Samples: Employment Agreement (Tango of Arundel, Inc.), Executive Retention Agreement (Tango of Arundel, Inc.), Executive Retention Agreement (Dave & Busters Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 8 contracts
Samples: Change of Control Agreement (Tetra Tech Inc), Change of Control Agreement (Tetra Tech Inc), Change of Control Agreement (Tetra Tech Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. Upon the occurrence of a Change in Control, the Company will similarly require the acquiring entity to assume the Company’s obligations under this Agreement. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined above and any successor to its business and/or assets (or the acquiring entity upon the occurrence of a Change in Control as aforesaid which assumes described and agrees to perform this Agreement by operation of law, or otherwisedefined above).
Appears in 8 contracts
Samples: Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or and /or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Florida Power & Light Co), Employment Agreement (Florida Power & Light Co), Employment Agreement (Florida Power & Light Co)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon (i) the Company and its successors and assignsassigns and (ii) Executive and Executive's heirs and legal representatives, except that Executive's duties and responsibilities under this Agreement are of a personal nature and will not be assignable or delegable in whole or in part.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Executive Employment Agreement (Falcon Natural Gas Corp), Executive Employment Agreement (Falcon Natural Gas Corp), Executive Employment Agreement (World Golf League Inc)
Successors. (ai) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(bii) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(ciii) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwiseother- wise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Severance Agreement (Insituform Technologies Inc), Severance Agreement (Electronic Retailing Systems International Inc), Severance Agreement (Electronic Retailing Systems International Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 7 contracts
Samples: Personal Employment Agreement (Blue Sphere Corp.), Service Agreement (Blue Sphere Corp.), Service Agreement (Blue Sphere Corp.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Change of Control Agreement (Eaton Corp PLC), Change of Control Agreement (Eaton Corp PLC), Employment Agreement (PPG Industries Inc)
Successors. (a) This Agreement is personal to the Executive and ---------- Executive, and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean means the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (National Commerce Bancorporation), Employment Agreement (National Commerce Bancorporation), Employment Agreement (Ziegler Companies Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Schering Plough Corp), Severance Agreement (Us Airways Inc), Change of Control Employment Agreement (Schering Plough Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "the “Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Change in Control Agreement (Thermo Fisher Scientific Inc.), Change of Control Agreement (Sea Pines Associates Inc), Change of Control Agreement (Sea Pines Associates Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) . This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require shall cause any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all or a substantial portion of the its business and/or assets of the Company to assume expressly and agree to perform this Agreement immediately upon such succession 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 7 contracts
Samples: Employment Agreement (Motorola Inc), Employment Agreement (Motorola Inc), Employment Agreement (Freescale Semiconductor Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise, and the Company and such successor shall be jointly and severally liable hereunder.
Appears in 7 contracts
Samples: Change of Control Agreement (Mortons Restaurant Group Inc), Change of Control Agreement (Mortons Restaurant Group Inc), Change of Control Agreement (Mortons Restaurant Group Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, share exchange or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 7 contracts
Samples: Executive Severance Agreement (Mercantile Bankshares Corp), Executive Severance Agreement (Mercantile Bankshares Corp), Executive Severance Agreement (Mercantile Bankshares Corp)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Plymouth Industrial REIT Inc.), Employment Agreement (Plymouth Industrial REIT Inc.), Employment Agreement (Plymouth Industrial REIT Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Change of Control and Severance Agreement (Nashua Corp), Employment Agreement (Avery Dennison Corporation), Change of Control and Severance Agreement (Nashua Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (China Films Technology, Inc.), Employment Agreement (China Films Technology, Inc.), Employment Agreement (China Films Technology, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Microfinancial Inc), Employment Agreement (Boyle Leasing Technologies Inc), Employment Agreement (Microfinancial Inc)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, no obligations or rights hereunder shall not be assignable by the Executive otherwise than by will or the laws of descent and or distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc), Transitional Compensation Agreement (Amcore Financial Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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 success 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 as aforesaid which assumes assumed and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Nevada Chemicals Inc), Employment Agreement (Merit Medical Systems Inc), Employment Agreement (Merit Medical Systems Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distributionExecutive. This Agreement and any rights and benefits hereunder shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) , heirs or legatees. This Agreement and any rights and benefits hereunder shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(cb) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly and agree to perform satisfy all of the obligations under this Agreement in the same manner and to the same extent that the Company would be required to perform it satisfy such obligations if no such succession 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 as aforesaid which that assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Smith Midland Corp), Employment Agreement (First Horizon National Corp), Employment Agreement (Capital Bank Financial Corp.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company or the relevant Business Unit to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company or such Business Unit would be required to perform it if no such succession 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 as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Incyte Corp), Employment Agreement (Incyte Corp), Employment Agreement (Incyte Corp)
Successors. (a) This Agreement is personal to the Executive and Executive, and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" shall mean ” means the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Change of Control Agreement (Collective Brands, Inc.), Change of Control Agreement (Collective Brands, Inc.), Change in Control Employment Agreement (Gillette Co)
Successors. (a) This Agreement is personal to the Executive and without the Company's prior written consent of the Company shall not be assignable by the Executive him otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the its business and/or assets of the Company to assume expressly 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. As used in this Agreementherein, "Company" shall mean means the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Us Unwired Inc), Employment Agreement (First Commerce Corp /La/), Employment Agreement (Us Unwired Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 6 contracts
Samples: Change of Control Agreement (Rockwell Automation, Inc), Change of Control Agreement (Rockwell Automation, Inc), Change of Control Agreement (Rockwell Automation, Inc)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (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 to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, the "Company" shall mean both the Company as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Netbank Inc), Employment Agreement (Honeywell International Inc), Employment Agreement (Honeywell Inc)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s heirs and legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, "“the Company" ,” shall mean the Company both such entity as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 6 contracts
Samples: Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.), Employment Agreement (Vishay Precision Group, Inc.)
Successors. (a) This Agreement is personal to the Executive Employee and without the prior written consent of the Company shall not be assignable by the Executive Employee otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the ExecutiveEmployee's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Change of Control Agreement (Universal Compression Inc), Employment Agreement (Weatherford International Inc /New/), Employment Agreement (Weatherford International Inc /New/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore herein before defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/), Employment Agreement (Clorox Co /De/)
Successors. (a) 9.1 This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable assigned by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) 9.2 This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) 9.3 The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, the term "Company" shall mean the Company as hereinbefore defined above and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Cirque Energy, Inc.), Employment Agreement (Ecology Coatings, Inc.), Employment Agreement (Ecology Coatings, Inc.)
Successors. (a) This Agreement is personal to the Executive ---------- and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (National Commerce Bancorporation), Change of Control Employment Agreement (Pmi Group Inc), Employment Agreement (National Commerce Bancorporation)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Tremisis Energy Acquisition Corp), Employment Agreement (Tremisis Energy Acquisition Corp), Change of Control Employment Agreement (Fleming Companies Inc /Ok/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representativesrepresentative.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (City National Corp), Employment Agreement (City National Corp), Employment Agreement (City National Corp)
Successors. (ai) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. .
(ii) This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(biii) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) . The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Ivax Diagnostics Inc), Employment Agreement (Ivax Corp /De), Employment Agreement (Ivax Corp /De)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon Company and the Company and its their respective successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the its business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (Capital Growth Systems Inc /Fl/), Employment Agreement (Capital Growth Systems Inc /Fl/), Employment Agreement (Capital Growth Systems Inc /Fl/)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representativesrepresentative.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or and /or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 5 contracts
Samples: Employment Agreement (City National Corp), Employment Agreement (City National Corp), Employment Agreement (City National Corp)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (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 to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, "the “Company" ” shall mean both the Company as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Chiquita Brands International Inc), Employment Agreement (Officemax Inc), Employment Agreement (Chiquita Brands International Inc)
Successors. (a) a. This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) b. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) c. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (CSX Corp), Employment Agreement (American Commercial Lines LLC), Change of Control Agreement (Conrail Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon on the Company and its successors and assigns.
(c) . The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Executive Employment Agreement (Riverwood Holding Inc), Executive Employment Agreement (Riverwood Holding Inc), Executive Employment Agreement (Riverwood Holding Inc)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Employer, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company Employer and its successors and assigns.
(c) The Company will Employer shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Employer expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company Employer would be have been required to perform it if no such succession had taken place. As used in this Agreement, "Company" “Employer” shall mean the Company both Arcadia as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“the Company" ” shall mean the Company CryoLife as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Cryolife Inc), Change of Control Severance Agreement (Cryolife Inc), Change of Control Severance Agreement (Cryolife Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined in this Agreement and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Ace Comm Corp), Employment Agreement (Ace Comm Corp), Employment Agreement (Ace Comm Corp)
Successors. (a) This Agreement is personal to the Executive and and, without the prior written consent of the Company Company, shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's heirs and legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business and/or assets of the Company expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be have been required to perform it if no such succession had taken place. As used in this Agreement, "Company" shall mean both the Company as hereinbefore defined above and any such successor to its business and/or assets as aforesaid which that assumes and agrees to perform this Agreement Agreement, by operation of law, law or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (THCG Inc), Employment Agreement (THCG Inc), Employment Agreement (THCG Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "“the Company" ” shall mean the Company Artivion as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Change of Control Severance Agreement (Artivion, Inc.), Change of Control Severance Agreement (Artivion, Inc.), Change of Control Severance Agreement (Artivion, Inc.)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will shall require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, share exchange or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, law or otherwise.
Appears in 4 contracts
Samples: Executive Severance Agreement (Mercantile Bankshares Corp), Executive Severance Agreement (Mercantile Bankshares Corp), Executive Severance Agreement (Mercantile Bankshares Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation operations of law, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Beazer Homes Usa Inc), Employment Agreement (Beazer Homes Usa Inc), Employment Agreement (Beazer Homes Usa Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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 has taken place. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Change of Control Agreement (Avista Corp), Change of Control Agreement (Avista Corp), Change of Control Agreement (Avista Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its respective successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any respective successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Transocean Sedco Forex Inc), Employment Agreement (Transocean Sedco Forex Inc), Employment Agreement (Transocean Sedco Forex Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company Corporation shall not be assignable assigned by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company Corporation and its successors and assignssuccessors.
(c) The Company Corporation will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Corporation to expressly assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform it if no such succession had taken place. As used in this Agreement, "Company" “Corporation” shall mean the Company Corporation as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Executive Change of Control Agreement (Viking Systems Inc), Executive Change of Control Agreement (Viking Systems Inc), Executive Change of Control Agreement (Viking Systems Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly 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. As used in this Agreement, "Company" shall mean the Company as hereinbefore herein defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Change of Control Agreement (Dianon Systems Inc), Change of Control Agreement (Dianon Systems Inc), Severance Agreement (Nymagic Inc)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) In connection with the transactions described in Section 8(c), the Company may freely assign its rights and obligations under this Agreement to a successor to the Company’s Capital Markets business, or to the Company, as applicable, without the prior written consent of the Executive. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company or the Company’s Capital Markets business, to assume expressly 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. As used in this Agreement, "“Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.
Appears in 4 contracts
Samples: Employment Agreement (Schwab Charles Corp), Employment Agreement (Schwab Charles Corp), Employment Agreement (Schwab Charles Corp)
Successors. (a) This Agreement is personal to the Executive and without the prior written consent of the Company shall not be assignable by the Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive's ’s legal representatives.
(b) This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
(c) The Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company or any of its affiliated companies would be required to perform it if no such succession had taken place. As used in this Agreement, "“the Company" ” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise. As used in this Agreement, the term “affiliated companies” shall include any company controlled by, controlling or under common control with the Company.
Appears in 4 contracts
Samples: Employment Agreement (Placer Sierra Bancshares), Employment Agreement (Placer Sierra Bancshares), Employment Agreement (Placer Sierra Bancshares)
