Common use of Assignment; Successors Clause in Contracts

Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder, provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 23 contracts

Samples: Employment Agreement (HSN, Inc.), Settlement and Release Agreement (Ticketmaster), Settlement and Release Agreement (Ticketmaster)

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Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder, provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the "Company" shall refer to such successor.

Appears in 22 contracts

Samples: Employment Agreement (Iac/Interactivecorp), Employment Agreement (Usa Interactive), Employment Agreement (Ticketmaster)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, transfer or sale of all or substantially all of the assets of the Company with or to any other individual or entityentity or any similar event, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, duties and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 12 contracts

Samples: Employment Agreement (Panavision Inc), Officer Employment Agreement (First State Bancorporation), Employment Agreement (Guess Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, transfer or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the express provisions hereof, be binding upon and inure to the benefit of Executive and such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 11 contracts

Samples: Employment Agreement (Kitty Hawk Inc), Employment Agreement (Kitty Hawk Inc), Employment Agreement (Kitty Hawk Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon upon, and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 7 contracts

Samples: Employment Agreement (Hawaiian Airlines Inc/Hi), Employment Agreement (Hawaiian Holdings Inc), Employment Agreement (Hawaiian Holdings Inc)

Assignment; Successors. This Agreement is personal in its nature and none ---------------------- neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 6 contracts

Samples: Employment Agreement (Novastar Financial Inc), Employment Agreement (Novastar Financial Inc), Employment Agreement (Headlands Mortgage Co)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, transfer or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the express provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 5 contracts

Samples: Release of Claims (Hawaiian Holdings Inc), Release of Claims (Hawaiian Holdings Inc), Dunkerley Employment Agreement (Hawaiian Holdings Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon upon, and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 5 contracts

Samples: Executive Employment Agreement (Hawaiian Holdings Inc), Executive Employment Agreement (Hawaiian Holdings Inc), Executive Severance Agreement (Hawaiian Holdings Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, transfer or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the express provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 5 contracts

Samples: Employment Agreement (Hawaiian Holdings Inc), Employment Agreement (Hawaiian Airlines Inc/Hi), Employment Agreement (Hawaiian Airlines Inc/Hi)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, duties and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 4 contracts

Samples: Employment Agreement (Mossimo Inc), Employment Agreement (Mossimo Inc), Employment Agreement (Mossimo Inc)

Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder, provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the "Company" other than references contained in Section 2 of the Standard Terms Annex shall refer to such successor.

Appears in 3 contracts

Samples: Execution Copy (Styleclick Inc), Employment Agreement (Styleclick Inc), Employment Agreement (Styleclick Inc)

Assignment; Successors. This Agreement is personal in its nature ---------------------- and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 3 contracts

Samples: Employment Agreement (Aura Systems Inc), Employment Agreement (Annaly Mortgage Management Inc), Employment Agreement (Annaly Mortgage Management Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, transfer or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the express provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 3 contracts

Samples: Employment Agreement (Regency Health Services Inc), Employment Agreement (Regency Health Services Inc), Employment Agreement (Regency Health Services Inc)

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Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder, provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets or stock of the Company with or to any other individual or entityCompany, this Agreement shall, subject to the provisions hereof, shall be binding upon and inure to the benefit of such successor of the Company and such successor shall assume in writing all executory obligations to Kapoor hereunder and shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the "Company" shall refer to such successor.

Appears in 2 contracts

Samples: Employment Agreement (Delano Technology Corp), Employment Agreement (Delano Technology Corp)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereofthereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 1 contract

Samples: Employment Agreement (QCS Net Corp)

Assignment; Successors. This Agreement is personal in its ---------------------- nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 1 contract

Samples: Employment Agreement (Annaly Mortgage Management Inc)

Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the othersother parties, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, duties and obligations of the Company hereunder, and all references herein to the "Company" shall refer to such successor.

Appears in 1 contract

Samples: Employment Agreement (Styleclick Inc)

Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder; provided, provided that, that in the event of the a merger, consolidation, transfer, reorganization, or sale of all, substantially all or substantially all a substantial portion of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 1 contract

Samples: Employment Agreement (Iac/Interactivecorp)

Assignment; Successors. This Agreement is personal in its nature and none of the parties hereto shall, without the consent of the others, assign or transfer this Agreement or any rights or obligations hereunder, ; provided that, that in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and all references herein to the “Company” shall refer to such successor.

Appears in 1 contract

Samples: Employment Agreement (Expedia Inc)

Assignment; Successors. This Agreement is personal in its nature and none neither of the parties hereto shall, without the consent of the othersother, assign or transfer this Agreement or any rights or obligations hereunder, provided that, in the event of the merger, consolidation, transfer, or sale of all or substantially all of the assets of the Company with or to any other individual or entity, this Agreement shall, subject to the provisions hereof, shall be binding upon and inure to the benefit of such successor and such successor shall discharge and perform all the promises, covenants, duties, and obligations of the Company hereunder, and in the event of any such assignment or transaction, all references herein to the “Company” shall refer to such successorthe Company’s assignee or successor hereunder.

Appears in 1 contract

Samples: Employment Agreement (Icon Acquisition Holdings, L.P.)

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