Common use of Consolidation, Merger or Sale of the Company Clause in Contracts

Consolidation, Merger or Sale of the Company. In the event of consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entities, or any sale or conveyance of all or substantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that acquires the assets of the Company on the same basis as it dealt with the Company prior to such transactions and, in such event, the term "Company" within this Agreement shall mean such corporation or person.

Appears in 2 contracts

Samples: Trust Agreement (Wachovia Corp/ Nc), Trust Agreement (Kaufman & Broad Home Corp)

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Consolidation, Merger or Sale of the Company. In the event of Effective upon consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entitiescorporations, or any sale or conveyance of all or substantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that acquires the assets of the Company on the same basis as it dealt with the Company prior to such transactions and, in such event, the term "Company" within this Agreement shall mean such corporation or person.

Appears in 2 contracts

Samples: Trust Agreement (Beckman Instruments Inc), Trust Agreement (Beckman Instruments Inc)

Consolidation, Merger or Sale of the Company. In the event case of any consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entitiescorporations, or any sale or conveyance of all or substantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that which acquires the assets of the Company on Company, shall expressly assume in writing in form satisfactory to the same basis as it dealt with Trustee, the duties and obligations of the Company prior to such transactions and, in such event, under this Trust Agreement and the term "Company" within this Agreement shall mean such corporation or personPlan.

Appears in 1 contract

Samples: Restricted Stock Trust Agreement (Young & Rubicam Inc)

Consolidation, Merger or Sale of the Company. In the event of Effective upon consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entitiescorporations, or any sale or conveyance of all or substantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that acquires the assets of the Company Company, on the same basis as it dealt with the Company prior to such transactions and, in such event, the term "β€œCompany" ” within this Agreement shall mean such corporation or person.

Appears in 1 contract

Samples: Benefit Equity Trust Agreement (Beckman Coulter Inc)

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Consolidation, Merger or Sale of the Company. In the event of Effective upon consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entitiescorporations, or any sale or conveyance of all or substantially sub- stantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that acquires the assets of the Company on the same basis as it dealt with the Company prior to such transactions and, in such event, the term "Company" within this Agreement shall mean such corporation or person.

Appears in 1 contract

Samples: Trust Agreement (Vencor Inc)

Consolidation, Merger or Sale of the Company. In the event of Effective upon consolidation of the Company with, or merger of the Company with or into, any corporation or corporations or other entity or entities, or any sale or conveyance of all or substantially all of the assets of the Company, proper provisions shall be made in connection with such transaction such that the Trustee shall deal with the corporation formed by such consolidation, or with or into which the Company is merged, or the person that acquires the assets of the Company on the same basis as it dealt with the Company prior to such transactions and, in such event, the term "Company" within this Agreement shall mean such corporation or person.

Appears in 1 contract

Samples: Trust Agreement (Tidewater Inc)

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