Common use of Company’s Successors Clause in Contracts

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 26 contracts

Samples: Release Agreement (Fibrogen Inc), Release Agreement (Fibrogen Inc), Release Agreement (Fibrogen Inc)

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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 17 contracts

Samples: Severance and Change in Control Agreement (RPX Corp), Change in Control and Severance Agreement (Oaktree Acquisition Corp.), Severance and Change in Control Agreement (Coupa Software Inc)

Company’s Successors. Any The Company will require any successor to the Company (whether direct or indirect and whether indirect, by purchase, lease, merger, consolidation, liquidation consolidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume of the Company’s, or ensure that the Company fully performs its, obligations under this Agreement to expressly assume and shall agree to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform if no such obligations succession had taken place. As used in this Section 7, Company includes any successor to its business or assets as aforesaid which executes and delivers this Agreement or which otherwise becomes bound by all the absence terms and provisions of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorAgreement by operation of law.

Appears in 14 contracts

Samples: Control Agreement (Memorial Resource Development Corp.), Change of Control Agreement (General Employment Enterprises Inc), Change of Control Agreement (General Employment Enterprises Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets (a “Successor”) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorSuccessor becomes bound by the terms of this Agreement by operation of law.

Appears in 11 contracts

Samples: Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession, unless otherwise agreed upon in writing by the Employee and such successor. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.

Appears in 10 contracts

Samples: Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc), Change of Control Severance Agreement (Glu Mobile Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.

Appears in 9 contracts

Samples: Change in Control and Severance Agreement (diaDexus, Inc.), Change in Control and Severance Agreement (Intermolecular Inc), Change in Control and Severance Agreement (diaDexus, Inc.)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets assets, shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall be obligated to perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 8 contracts

Samples: Change in Control Severance Agreement (Watchguard Technologies Inc), Change of Control Severance Agreement (Impac Medical Systems Inc), Control Severance Agreement (Watchguard Technologies Inc)

Company’s Successors. Any The Company shall cause any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or and assets shall to assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" shall include any such successor.

Appears in 5 contracts

Samples: Change of Control Agreement (CSP Inc /Ma/), Change of Control Agreement (CSP Inc /Ma/), Change of Control Agreement (CSP Inc /Ma/)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation liquidation, or otherwise) to all or substantially all of the Company’s business and/or assets assets, shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall be obligated to perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations it in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 5 contracts

Samples: Change in Control Agreement (Molina Healthcare Inc), Change in Control Agreement (Molina Healthcare Inc), Change in Control Agreement (Molina Healthcare Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement Amendment and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement Amendment in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. Failure of the Company to obtain such agreement shall be a material breach of this Amendment. For all purposes under this AgreementAmendment, the term "Company" shall include any such successorsuccessor to the Company's business and/or assets which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Amendment by operation of law.

Appears in 5 contracts

Samples: Stock Option Agreement (Jda Software Group Inc), Stock Option Agreement (Jda Software Group Inc), Stock Option Agreement (Jda Software Group Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwiseindirect) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (LoopNet, Inc.), Change of Control Severance Agreement (Formfactor Inc), Change of Control Severance Agreement (Vocera Communications, Inc.)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or and assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 2 contracts

Samples: Retention Agreement (Netratings Inc), Amended and Restated Retention Agreement (Netratings Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor.

Appears in 2 contracts

Samples: Severance and Change in Control Agreement (Arcus Biosciences, Inc.), Severance and Change in Control Agreement (Arcus Biosciences, Inc.)

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Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor6.

Appears in 2 contracts

Samples: Severance and Change in Control Agreement (ChargePoint Holdings, Inc.), Severance and Change in Control Agreement (ChargePoint Holdings, Inc.)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successor...

Appears in 2 contracts

Samples: Severance Agreement (Land O Lakes Inc), Severance Agreement (Land O Lakes Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, its obligations under this Agreement and shall agree expressly in writing to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" shall include any such successorsuccessor to the Company's business and/or assets.

Appears in 1 contract

Samples: Change in Control Agreement (Inprise Corp)

Company’s Successors. Any successor successors to the Company (whether direct director or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets (or, in the case of a transaction described in subsection 8(c)(v), the successor to such business or division) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" shall include any such successorsuccessor to the Company which executes and delivers the assumption agreement described in this Section 9(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to or any purchaser of all or substantially all of the Company’s business and/or assets shall assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, ’s obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession, unless otherwise agreed upon in writing by Executive and such successor. For all purposes under this Agreement, the term “Company” shall include any such successorsuccessor to the Company’s business and/or assets.

Appears in 1 contract

Samples: Retention Incentive Agreement (Dexcom Inc)

Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) to all or substantially all of the Company’s 's business and/or assets (or, in the case of a transaction described in subsection 8(c)(v), the successor to such business or division) shall assume the Company’s, or ensure that the Company fully performs its, obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term "Company" shall include any such successorsuccessor to the Company which executes and delivers the assumption agreement described in this Section 9(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

Company’s Successors. Any The Company shall require a successor to the Company (whether direct or indirect and whether by purchase, lease, merger, consolidation, liquidation or otherwise) or to all or substantially all of the Company’s business and/or assets shall September 8, 2020 Xxxxxxx X. Xxxx Employment Agreement (each a “Successor Company”) to assume the Company’s, or ensure that the Company fully performs its, ’s obligations under this Agreement and shall agree expressly to perform the Company’s, or ensure that the Company performs its, obligations, under this Agreement such obligations in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any such successorSuccessor Company which executes and delivers the assumption agreement described in this subsection (a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Employment Agreement (Lam Research Corp)

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