Common use of The Company’s Successors Clause in Contracts

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 204 contracts

Samples: Change of Control and Severance Agreement (CareDx, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)

AutoNDA by SimpleDocs

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 43 contracts

Samples: Change of Control and Severance Agreement (Cerence Inc.), Change of Control and Severance Agreement (Ambarella Inc), Control and Severance Agreement

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 41 contracts

Samples: Change of Control Severance Agreement (Fortinet, Inc.), Change of Control and Severance Agreement (Gi Dynamics, Inc.), Change of Control Severance Agreement (Fortinet, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a9(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 40 contracts

Samples: Employment Agreement (Rambus Inc), Severance and Change of Control Agreement (Phoenix Technologies LTD), Severance and Change of Control Agreement (Phoenix Technologies LTD)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 26 contracts

Samples: Change of Control Agreement, Involuntary Termination Protection Agreement (Vivint Solar, Inc.), Change of Control Agreement (Juniper Networks Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 25 contracts

Samples: Change of Control Severance Agreement (Microchip Technology Inc), Management Retention Agreement, Management Retention Agreement

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and will agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 16 contracts

Samples: Change of Control Severance Agreement (Fuel Tech, Inc.), Change of Control Severance Agreement (Infinera Corp), Change of Control Severance Agreement (Infinera Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) 7 or which becomes bound by the terms of this Agreement by operation of law.

Appears in 14 contracts

Samples: Change of Control Agreement (Comscore, Inc.), Severance Agreement (Comscore, Inc.), Change of Control Agreement (Comscore, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a12(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 13 contracts

Samples: Employment Agreement (Sarcos Technology & Robotics Corp), Employment Agreement (Sarcos Technology & Robotics Corp), Employment Agreement (TrueCar, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 11 contracts

Samples: Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.), Change of Control Agreement (Omniture, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 11 contracts

Samples: Change of Control Severance Agreement (Evergreen Solar Inc), Change of Control Severance Agreement (Evergreen Solar Inc), Change of Control Severance Agreement (Evergreen Solar Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a14(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 11 contracts

Samples: Employment Agreement (Sarcos Technology & Robotics Corp), Sarcos Corp. Employment Agreement (Sarcos Technology & Robotics Corp), Sarcos Corp. Employment Agreement (Sarcos Technology & Robotics Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a10(a) or which becomes bound by the terms of this Agreement by operation of law. The failure of the Company to obtain the assumption of this Agreement by any successor will constitute a material breach of a material part of this Agreement.

Appears in 10 contracts

Samples: Susan Molineaux Employment Agreement (Calithera Biosciences, Inc.), Employment Agreement (Geeknet, Inc), Employment Agreement (Geeknet, Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a13(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 9 contracts

Samples: Employment Agreement (Sarcos Technology & Robotics Corp), Agreement and Plan of Reorganization (Sarcos Technology & Robotics Corp), Employment Agreement (TrueCar, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company” will " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the CompanyCompany Group’s business and/or assets will must assume the obligations under this the Agreement and agree expressly to perform the obligations under this the Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this the Agreement, the term terms “Company,” “Company Group,” and “Employer” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this the Agreement by operation of law.

Appears in 8 contracts

Samples: Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Quantenna Communications Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will must assume the obligations under this the Agreement and agree expressly to perform the obligations under this the Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this the Agreement, the term terms “Company” and “Company Group” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this the Agreement by operation of law.

Appears in 8 contracts

Samples: Change in Control and Severance Agreement – Cfo (Anaplan, Inc.), Employment Agreement (Anaplan, Inc.), Employment Agreement (Anaplan, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a11(a) or which becomes bound by the terms of this Agreement by operation of law. The failure of the Company to obtain the assumption of this Agreement by any successor will constitute a material breach of a material part of this Agreement.

Appears in 8 contracts

Samples: Employment Agreement (Xpeng Inc.), Employment Agreement (SteadyMed Ltd.), Employment Agreement (SteadyMed Ltd.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a5(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 6 contracts

Samples: Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company” will " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a13(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 6 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 5 contracts

Samples: Change of Control Severance Agreement (NetApp, Inc.), Control Severance Agreement (NetApp, Inc.), Control Severance Agreement (NetApp, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the CompanyCompany Group’s business and/or assets will must assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such those obligations in the absence of a succession. For all purposes under this Agreement, the term terms “Company” and “Company Group” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 5 contracts

Samples: Change in Control and Severance Agreement (Dropbox, Inc.), Change in Control and Severance Agreement (QuantumScape Corp), Change in Control and Severance Agreement (QuantumScape Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company” will " shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Change in Control Agreement (Dynatronics Corp), Control Severance Agreement (Indus International Inc), Control Severance Agreement (Indus International Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Employment Agreement (Lowell Farms Inc.), Employment Agreement (Lowell Farms Inc.), Change of Control and Severance Agreement (iRhythm Technologies, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a15(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Employment Agreement (TrueCar, Inc.), Employment Agreement (TrueCar, Inc.), Employment Agreement (TrueCar, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (Riverbed Technology, Inc.), Change in Control Severance Agreement (Riverbed Technology, Inc.), Control Severance Agreement (Riverbed Technology, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a5(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Change of Control Agreement (Ikanos Communications), Change of Control Agreement (Ikanos Communications), Change of Control Agreement (Ikanos Communications)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume shall be bound by the obligations under this Agreement and agree expressly to shall perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 3 contracts

Samples: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the CompanyCompany Group’s business and/or assets will must assume the obligations under this the Agreement and agree expressly to perform the obligations under this the Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this the Agreement, the term terms “Company” and “Company Group” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a9(a) or which becomes bound by the terms of this the Agreement by operation of law.

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (Block, Inc.), Change of Control and Severance Agreement (Square, Inc.), Change of Control and Severance Agreement (Square, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Quotient Technology Inc.), Change of Control Severance Agreement (Analog Devices Inc), Separation Agreement and Release of Claims (Endocyte Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a13(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 3 contracts

Samples: Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc), Executive Employment Agreement (Cytokinetics Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 3 contracts

Samples: Change in Control and Severance Agreement (Echelon Corp), Change of Control Severance Agreement (Cornerstone OnDemand Inc), Change of Control Severance Agreement (Plantronics Inc /Ca/)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) and/or to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Business Objects S.A.), Change of Control Severance Agreement (Business Objects S.A.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a5(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (NetApp, Inc.), Change of Control Severance Agreement (NetApp, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Gigamon Inc.), Change in Control Severance Agreement (Gigamon Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and will agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (INFINERA Corp), Change of Control Severance Agreement (INFINERA Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change of Control Agreement (Juniper Networks Inc), Change of Control Agreement (Juniper Networks Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets will assets, or otherwise in connection with a Change of Control shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Severance Agreement (Cet Services Inc), Severance Agreement (Cet Services Inc)

The Company’s Successors. Any The Company shall require any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will to assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described required in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 2 contracts

Samples: Change in Control Agreement (Electro Scientific Industries Inc), Change in Control Agreement (Electro Scientific Industries Inc)

AutoNDA by SimpleDocs

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s ​ ​ business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) 7.A. or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Jaguar Health, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (BofI Holding, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (NetApp, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all 4887-1483-2403, v. 1 or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (Resonant Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume in writing the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a12(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Employment Agreement (Nuance Communications, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a11(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Security Program Continuation Agreement (Palantir Technologies Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s -8- business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (On Deck Capital, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. 

Appears in 1 contract

Samples: Change in Control Severance Agreement (Pacific Biosciences of California, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) and/or to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. Jxxxx X. Xxxxxxx Change of Control Agreement — Execution Version- November 2006

Appears in 1 contract

Samples: Change of Control Severance Agreement (Business Objects S.A.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption -9- agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Linear Technology Corp /Ca/)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the CompanyCompany Group’s business and/or assets will must assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such those obligations in the absence of a succession. For all purposes under this Agreement, the term terms “Company” and “Company Group” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a‎8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Dropbox, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Riverbed Technology, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. (b)

Appears in 1 contract

Samples: Control Agreement

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. The term “Company” shall also include any direct or indirect subsidiary that is majority owned by Juniper Networks, Inc.

Appears in 1 contract

Samples: Severance Agreement (Juniper Networks Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor suc- cessor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement Agree- ment by operation of law.

Appears in 1 contract

Samples: Award Agreement (Solar Integrated Roofing Corp.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (First Financial Bancorp /Oh/)

The Company’s Successors. Any successor successors to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Spectralink Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchasepurchase , merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quotient Technology Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. The term “Company” shall also include any direct or indirect that is majority owned by Juniper Networks, Inc.

Appears in 1 contract

Samples: Severance Agreement (Juniper Networks Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or and or assets will shall assume the obligations under this the Agreement and agree expressly to perform the obligations under this the Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this the Agreement, the term terms “Company” will include any successor to the Company’s their business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this the Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (BioCardia, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) } to all or substantially all of the Company’s 's business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" will include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) } or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Plantronics Inc /Ca/)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or 6(a)or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (Arcadia Biosciences, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets will shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will "COMPANY" shall include any successor to the Company’s 's business and/or assets which executes and delivers the assumption agreement described in this Section 7(a6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Control Severance Agreement (Solectron Corp)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets will assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 7(a) or which becomes bound by the terms of this Agreement by operation of law.. (b)

Appears in 1 contract

Samples: Severance Agreement (Arista Networks, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.