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, and including, without limitation, a parent entity of any successor to the Company) to all or substantially all of the Company’s business and/or assets 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” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 14(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 22 contracts

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

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The Company’s Successors. Any successor to the Company (whether direct or indirect indirect, and whether by purchase, merger, consolidation, liquidation or otherwise, and including, without limitation, a parent entity of any successor to the Company) to all or substantially all of the Company’s business and/or assets shall will assume the obligations and liabilities under this Agreement and agree expressly in writing to assume and perform in full the obligations and liabilities 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 such succession. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 14(a9(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 14 contracts

Samples: Separation and Change in Control Severance Agreement (Aerohive Networks, Inc), Separation and Change in Control Severance Agreement (Aerohive Networks, Inc), Separation and Change in Control Severance Agreement (Flynn David K.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise, and including, without limitation, a parent entity of any successor to the Company) to all or substantially all of the Company’s business and/or assets shall will assume the obligations and rights 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” shall will include any successor to the Company’s business and/or assets which that executes and delivers an agreement setting forth the assumption agreement described in this Section 14(a) above or which that 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, and including, without limitation, a parent entity of any successor to the Company) to all or substantially all of the Company’s business and/or assets 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” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 14(a15(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 3 contracts

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

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The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise, and including, without limitation, a parent entity of any successor to the Company) and/or to all or substantially all of the Company’s business and/or assets 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 Change of Control Template — U.S. — August 2006 of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the an assumption agreement described in this Section 14(a7(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 (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, and including, without limitation, a parent entity of any successor to the Company) to all or substantially all of the Company’s business and/or assets shall 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; provided that, such assignment will not relieve the Company of its obligations hereunder. For all purposes under this Agreement, the term “Company” shall will include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 14(a16(d) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Employment Agreement (Cornerstone OnDemand Inc)

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