Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the Employee.
Appears in 37 contracts
Samples: Employment Agreement (Spring Valley Acquisition Corp.), Employment Agreement (Infospace Inc), Employment Agreement (Infospace Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the Employee.
Appears in 32 contracts
Samples: Employment Agreement (Apricus Biosciences, Inc.), Change of Control and Severance Agreement (Anacor Pharmaceuticals Inc), Management Continuity Agreement (Depomed Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation that actually employs the Employee.
Appears in 27 contracts
Samples: Control and Severance Agreement (Anacor Pharmaceuticals Inc), Change of Control and Severance Agreement (Anacor Pharmaceuticals Inc), Control and Severance Agreement (Anacor Pharmaceuticals Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934Act), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 20 contracts
Samples: Employment Agreement (Blucora, Inc.), Employment Agreement (Blucora, Inc.), Employment Agreement (Blucora, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 14 contracts
Samples: Change in Control and Severance Agreement (Enphase Energy, Inc.), Change in Control and Severance Agreement (Enphase Energy, Inc.), Executive Severance Agreement (Enphase Energy, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934Act), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 12 contracts
Samples: Employment Agreement (Blucora, Inc.), Employment Agreement (Blucora, Inc.), Employment Agreement (Blucora, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that such assignee is the employer of the Employee. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeEmployee except that the term “Company” shall continue to mean Dynavax Technologies Corporation with regard to the definition of a Change of Control.
Appears in 9 contracts
Samples: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company; provided, however, that if there is any such assignment, the Company or to will guarantee all payments and the Companyperformance of all obligations under this Agreement. In the case of any such assignment, the term “'Company” ' when used in a section of this Agreement shall mean the corporation or other entity that actually employs the EmployeeExecutive.
Appears in 8 contracts
Samples: Employment Agreement (Calpine Corp), Calpine Corporation Employment Agreement (Calpine Corp), Employment Agreement (Calpine Corp)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the Employee.
Appears in 8 contracts
Samples: Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.), Employment Agreement (Apricus Biosciences, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company; provided, however, that if there is any such assignment, the Company or to will guarantee all payments and the Companyperformance of all obligations under this Agreement. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation or other entity that actually employs the EmployeeExecutive.
Appears in 6 contracts
Samples: Calpine Corporation Employment Agreement (Calpine Corp), Employment Agreement (Calpine Corp), Peter Cartwright Employment Agreement (Calpine Corp)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the Employee. Notwithstanding the foregoing, neither the Company (or any successor thereto) nor the Employee may assign its obligations under this Agreement.
Appears in 5 contracts
Samples: Management Continuity Agreement (Depomed Inc), Management Continuity Agreement (Assertio Therapeutics, Inc), Management Continuity Agreement (Depomed Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the Employee.
Appears in 5 contracts
Samples: Retention Bonus Agreement (Teva Pharmaceutical Industries LTD), Management Continuity Agreement (Oncor Inc), Management Continuity Agreement (Oncor Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 5 contracts
Samples: Employment Agreement (Acucela Inc.), Employment Agreement (Acucela Inc.), Employment Agreement (Acucela Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934Act), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 3 contracts
Samples: Employment Agreement (Blucora, Inc.), Employment Agreement (Blucora, Inc.), Employment Agreement (Avantax, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 3 contracts
Samples: Change in Control Agreement (Apollo Endosurgery, Inc.), Change in Control and Severance Agreement (Principia Biopharma Inc.), Change in Control and Severance Agreement (Principia Biopharma Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934, as amended), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 2 contracts
Samples: Executive Employment Agreement (McorpCX, Inc.), Executive Compensation Agreement (McorpCX, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation that actually employs the EmployeeExecutive.
Appears in 2 contracts
Samples: Employment Agreement (Kubota Pharmaceutical Holdings Co LTD), Employment Agreement (Kubota Pharmaceutical Holdings Co LTD)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs Employee. Notwithstanding the Employeeforegoing, neither the Company (or any successor thereto) nor Employee may assign its obligations under this Agreement.
Appears in 2 contracts
Samples: Management Continuity Agreement (Novus Therapeutics, Inc.), Management Continuity Agreement (Novus Therapeutics, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation that actually employs Employee. Notwithstanding the Employeeforegoing, neither the Company (or any successor thereto) nor Employee may assign its obligations under this Agreement.
Appears in 1 contract
Samples: Management Continuity Agreement (Novus Therapeutics, Inc.)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignment, the term “Company” when used in a section of this Agreement shall mean the corporation that actually employs Employee. No such assignment shall, however, relieve the EmployeeCompany of its obligations hereunder.
Appears in 1 contract
Assignment by Company. The Company may assign its rights --------------------- under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company; provided, however, that if there is any such assignment, the Company or to will guarantee all payments and the Companyperformance of all obligations under this Agreement. In the case of any such assignment, the term “"Company” " when used in a section of this Agreement shall mean the corporation or other entity that actually employs the EmployeeExecutive.
Appears in 1 contract
Samples: Employment and Severance Agreement (Genesys Telecommunications Laboratories Inc)
Assignment by Company. The Company may assign its rights under this Agreement to an affiliate (as defined under the Securities Exchange Act of 1934)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company. In the case of any such assignmentAs used herein, the term “"Company” when used in a section of this Agreement " shall mean the corporation that actually employs the EmployeeCompany and its subsidiaries.
Appears in 1 contract
