Common use of Survival; Assignment Clause in Contracts

Survival; Assignment. All agreements, representations and warranties made herein and in any certificates delivered pursuant hereto shall survive the issuance to the Participant of the Options and the Common Shares and, notwithstanding any investigation heretofore or hereafter made by the Participant or the Company or on the Participant's or the Company's behalf, shall continue in full force and effect. Without the prior written consent of the Company, the Participant may not assign any of his rights hereunder except as permitted by Section 2. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the heirs and permitted successors and assigns of such party; and all agreements herein by or on behalf of the Company, or by or on behalf of the Participant, shall bind and inure to the benefit of the heirs and permitted successors and assigns of such parties hereto.

Appears in 3 contracts

Samples: Stock Option Agreement (Webmd Corp /New/), Letter Agreement (Webmd Corp /New/), Stock Option Agreement (Webmd Corp /New/)

AutoNDA by SimpleDocs

Survival; Assignment. (a) All agreements, representations and warranties made herein and in any certificates delivered pursuant hereto shall survive the issuance to the Participant of the Stock Options and the any shares of Common Shares Stock and, notwithstanding any investigation heretofore or hereafter made by the Participant or the Company or on the Participant's or the Company's behalf, shall continue in full force and effect. Without Except as expressly provided in the prior written consent of the CompanyPlan or this Award Document, the Participant may not assign any of his rights hereunder except as permitted by Section 2hereunder. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the heirs and permitted successors and assigns of such party; and all agreements herein by or on behalf of the Company, or by or on behalf of the Participant, shall bind and inure to the benefit of the heirs and permitted successors and assigns of such parties hereto. (b) The Company shall have the right to assign to any of its affiliates any of its rights, or to delegate to any of its affiliates any of its obligations, under this Award Document.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Dycom Industries Inc), Incentive Stock Option Agreement (Dycom Industries Inc)

Survival; Assignment. (a) All agreements, representations and warranties made herein and in any certificates delivered pursuant hereto shall survive the issuance to the Participant of the Director Options and the Common any Shares and, notwithstanding any investigation heretofore or hereafter made by the Participant or the Company or on the Participant's ’s or the Company's ’s behalf, shall continue in full force and effect. Without Except as expressly provided in the prior written consent of the CompanyPlan or this Award Document, the Participant may not assign any of his their rights hereunder except as permitted by Section 2hereunder. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the heirs and permitted successors and assigns of such party; and all agreements herein by or on behalf of the Company, or by or on behalf of the Participant, shall bind and inure to the benefit of the heirs and permitted successors and assigns of such parties hereto. (b) The Company shall have the right to assign to any of its affiliates any of its rights, or to delegate to any of its affiliates any of its obligations, under this Award Document.

Appears in 1 contract

Samples: Non Employee Director Non Qualified Stock Option Agreement (Dycom Industries Inc)

Survival; Assignment. All covenants, agreements, representations and warranties made herein and contained in any certificates delivered pursuant hereto this Agreement shall survive the issuance to execution and delivery of this Agreement, any investigation at any time made by or on behalf of a party hereto, and the Participant consummation of the Options transactions described in Section 4 hereof under this Agreement. Holdings' rights and the Common Shares and, notwithstanding obligations hereunder may be assigned by Holdings in whole or in part. Except for any investigation heretofore or hereafter made Transfer authorized by the Participant or the Company or on the Participant's or the Company's behalf, shall continue in full force and effect. Without the prior written consent of the CompanySection 8(b) hereof, the Participant Trust may not assign any of his its rights hereunder except as permitted by Section 2hereunder. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the heirs successors, executors or administrators and permitted successors and assigns of such party; and all covenants, promises and agreements herein made in this Agreement by or on behalf of the CompanyHoldings, or by or on behalf of the ParticipantTrust, shall bind and inure to the benefit of the heirs and permitted successors and assigns of such parties hereto.be enforceable by the

Appears in 1 contract

Samples: RBK Exchange and Repurchase Agreement (Education Management Corporation)

AutoNDA by SimpleDocs

Survival; Assignment. (a) All agreements, representations and warranties made herein and in any certificates delivered pursuant hereto shall survive the issuance to the Participant of the Stock Options and the any shares of Common Shares Stock and, notwithstanding any investigation heretofore or hereafter made by the Participant or the Company or on the Participant's or the Company's behalf, shall continue in full force and effect. Without Except as expressly provided in the prior written consent of the CompanyPlan or this Award Agreement, the Participant may not assign any of his rights hereunder except as permitted by Section 2hereunder. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the heirs and permitted successors and assigns of such party; and all agreements herein by or on behalf of the Company, or by or on behalf of the Participant, shall bind and inure to the benefit of the heirs and permitted successors and assigns of such parties hereto. (b) The Company shall have the right to assign to any of its affiliates any of its rights, or to delegate to any of its affiliates any of its obligations, under this Award Agreement.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Fort Howard Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!