Assumption of Equity Plans, Other Plans and Other Agreements Sample Clauses
Assumption of Equity Plans, Other Plans and Other Agreements. Holdco and the Company hereby agree that they will, at or promptly following the Effective Time, execute, acknowledge and deliver one or more assignment and assumption agreements (the “Assignment and Assumption Agreement”) pursuant to which, from and after the Effective Time, the Company will assign to Holdco, and Holdco will assume and agree to perform, all obligations of the Company pursuant to: (a) the Equity Plans; (b) certain other director, executive and/or compensation plans and policies of the Company (the “Other Plans”) listed on Schedule 2.02(b) hereto; (c) each agreement, award or other grant document entered into pursuant to the Equity Plans or the Other Plans; and (d) certain other agreements (the “Other Agreements”) listed on Schedule 2.02(d) hereto. At the Effective Time, the Equity Plans, the Other Plans, any grant agreements and the Other Agreements shall each automatically be deemed to be amended as necessary to provide that references to the Company in such agreements shall be read to refer to Holdco.
Assumption of Equity Plans, Other Plans and Other Agreements. Holdco and the Company hereby agree that they will, at or promptly following the Effective Time, execute, acknowledge and deliver an assignment and assumption agreement (the “Assignment and Assumption Agreement”) pursuant to which, from and after the Effective Time, the Company will assign to Holdco, and Holdco will assume and agree to perform, all obligations of the Company pursuant to: (a) the Equity Plans; (b) any other employee and executive compensation plans pursuant to which the Company is obligated to its directors, officers, or employees (the “Other Plans”); (c) each stock option agreement and/or similar grant agreement entered into pursuant to the Equity Plans or the Other Plans, and each outstanding Option or award granted thereunder; and (d) any other agreements (the “Other Agreements”) as designated by the Company and Holdco. At the Effective Time, the Equity Plans, the Other Plans, any equity award agreements and the Other Agreements shall each be automatically amended as necessary to provide that references to the Company in such agreements shall be read to refer to Holdco.