Common use of Successors of the Company Clause in Contracts

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "Company" shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employeethe Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee the Executive to compensation from the Employer Company in the same amount and on the same terms as Employee the Executive would be entitled hereunder if Employee the Executive terminated his employment for Good ReasonReason (or, solely at the Executive’s option, compensation from the Company in the same amount and on the same terms as the Executive would be entitled under Section 7 above), except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date date of Terminationtermination. As used in this Agreement, the terms, "Employer" and "“Company" ” as hereinbefore defined shall include any successor to the its business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 17 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "Company" shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 5 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- ------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "Company" shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "the Company" ", shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 5 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "Company" shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 5 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to the Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle the Employee to compensation from the Employer Company in the same amount and on the same terms as the Employee would be entitled hereunder if the Employee terminated his her employment for Good ReasonReason in the event of a Change in Control, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "“Company" ” as here in before defined shall include any successor to the its business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 13 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- ------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "the Company" ", shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Successors of the Company. The Employer and the Company will ---------------------------- require any successor (whether direct or indirect, by purchase, amalgamation, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Employer and/or the Company, by agreement in form and substance satisfactory to Employee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Employer and the Company would be required to perform it if no such succession had taken place. Failure of the Employer and the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Employee to compensation from the Employer in the same amount and on the same terms as Employee would be entitled hereunder if Employee terminated his Employee's employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, the terms, "Employer" and "the Company" ", shall include any successor to the business and/or assets of the Employer and/or the Company as aforesaid which executes and delivers the agreement provided for in this Section 6 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.