Successor Company. The Company shall require any successor or successors (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Employee, to acknowledge expressly that this Agreement is binding upon and enforceable against the Company in accordance with the terms hereof, and to become jointly and severally obligated with the Company to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession or successions had taken place. Failure of the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. As used in this Agreement, the Company shall mean the Company as hereinbefore defined and any such successor or successors to its business and/or assets, jointly and severally.
Successor Company. SECTION 5.01. When Company May Merge or Transfer Assets......................60
Successor Company. The Company shall require any successor or successors (whether direct or indirect, by purchase, merger or otherwise) to all or substantially all of the business or assets of the Company, by agreement in form and substance satisfactory to the Employee, to acknowledge expressly that this Agreement is binding upon and enforceable against the Company in accordance with the terms hereof, and to become jointly and severally obligated with the Company to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession or successions had taken place. Failure of the Company to notify the Employee in writing as to such successorship, to provide the Employee the opportunity to review and agree to the successor’s assumption of this Agreement or to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. As used in this Agreement, the Company shall mean the Company as defined above and any such successor or successors to its business or assets, jointly and severally.
Successor Company. SECTION 4.1. Consolidation, Merger and Sale of Assets 28 Page ARTICLE V REDEMPTION OF SECURITIES SECTION 5.1. Optional Redemption 29 SECTION 5.2. Applicability of Article 29 SECTION 5.3. Election to Redeem; Notice to Trustee 29 SECTION 5.4. Selection by Trustee of Securities to Be Redeemed 29 SECTION 5.5. Notice of Redemption 30 SECTION 5.6. Deposit of Redemption Price 31 SECTION 5.7. Securities Payable on Redemption Date 31 SECTION 5.8. Securities Redeemed in Part 32 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.1. Events of Default 32 SECTION 6.2. Acceleration 34 SECTION 6.3. Other Remedies 35 SECTION 6.4. Waiver of Past Defaults 35 SECTION 6.5. Control by Majority 35 SECTION 6.6. Limitation on Suits 35 SECTION 6.7. Rights of Holders to Receive Payment 36 SECTION 6.8. Collection Suit by Trustee 36 SECTION 6.9. Trustee May File Proofs of Claim 36 SECTION 6.10. Priorities 37 SECTION 6.11. Undertaking for Costs 37 ARTICLE VII TRUSTEE SECTION 7.1. Duties of Trustee 37 SECTION 7.2. Rights of Trustee 39 SECTION 7.3. Individual Rights of Trustee 40 SECTION 7.4. Trustee’s Disclaimer 40 SECTION 7.5. Notice of Defaults 40 SECTION 7.6. Reports by Trustee to Holders 41 SECTION 7.7. Compensation and Indemnity 41 SECTION 7.8. Replacement of Trustee 42 SECTION 7.9. Successor Trustee by Merger 42 SECTION 7.10. Eligibility; Disqualification 43 SECTION 7.11. Preferential Collection of Claims Against Company 43 SECTION 7.12. Trustee’s Application for Instruction from the Company 43
Successor Company. SECTION 5.01. When Company and Owners May Merge or Transfer Assets ...................... 41
Successor Company. Section 4.01. Consolidation, Merger and Sale of Assets.......................31
Successor Company. SECTION 5.01 When Issuers May Merge or Transfer Assets 85
Successor Company. The term “
Successor Company. Section 5.01 [Reserved].
Successor Company. The obligations of the Company under this Warrant shall be binding upon any successor company or organization resulting from the merger, consolidation or other reorganization of the Company, or upon any successor company or organization succeeding to substantially all of the assets and business of the Company. The Company agrees that it will make appropriate provision for the preservation of Holder's rights under this Warrant in any agreement or plan which it may enter into or adopt to effect any such merger, consolidation, reorganization or transfer of assets.
