Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted pursuant to applicable Law.
Appears in 6 contracts
Sources: Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (H&E Equipment Services, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Lawlaw.
Appears in 6 contracts
Sources: Merger Agreement (MINDBODY, Inc.), Merger Agreement (Apptio Inc), Merger Agreement (Xactly Corp)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise required or permitted pursuant to applicable Law.
Appears in 4 contracts
Sources: Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Zymergen Inc.), Merger Agreement (Ginkgo Bioworks Holdings, Inc.), Merger Agreement (Del Frisco's Restaurant Group, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit Parent or the Surviving Corporation or their Affiliates from in any way amending, modifying modifying, or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if as otherwise permitted required pursuant to applicable Law.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Everbridge, Inc.), Merger Agreement (Everbridge, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Parent or the Surviving Corporation or their Affiliates from in any way amending, modifying modifying, or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if as otherwise permitted required pursuant to applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Sumo Logic, Inc.), Merger Agreement (ForgeRock, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingpreceding sentence, but subject to Section 6.9(c), nothing will require Parent, the Surviving Corporation or any Subsidiary thereof to continue any Employee Plan, Company Plan or Comparable Plan or prohibit the Surviving Corporation or any of its Subsidiaries from in any way amending, modifying amending or terminating any such Employee Plans plans in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 2 contracts
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) assume and honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted pursuant to applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Datto Holding Corp.), Merger Agreement (Datto Holding Corp.)
Existing Arrangements. From and after the Effective Time through one year following the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans set forth on Section 3.18(a) of the Company Disclosure Letter in accordance with their terms as in effect immediately prior to on the Effective TimeAgreement Date. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted required pursuant to applicable Lawlaw.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (STAMPS.COM Inc)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans set forth on Section 3.19(a) of the Company Disclosure Letter in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (KnowBe4, Inc.), Merger Agreement (Vepf Vii SPV I, L.P.)
Existing Arrangements. From Subject to Section 6.10, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted pursuant to applicable Lawlaw.
Appears in 2 contracts
Sources: Merger Agreement (Restaurant Brands International Limited Partnership), Merger Agreement (Carrols Restaurant Group, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingpreceding sentence, nothing will require Parent, the Surviving Corporation or any Subsidiary thereof to continue any Employee Plan, Company Plan or Comparable Plan or prohibit the Surviving Corporation or any of its Subsidiaries from in any way amending, modifying amending or terminating any such Employee Plans plans in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Activision Blizzard, Inc.), Agreement and Plan of Merger
Existing Arrangements. From Subject to this Section 6.11, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted pursuant to applicable Lawlaw.
Appears in 2 contracts
Sources: Merger Agreement (Vista Equity Partners Fund Viii, L.P.), Merger Agreement (Duck Creek Technologies, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms (subject, in each case, to Section 6.10(b)) or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Transphorm, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements, in each case as listed in Section 3.19(a) of the Company Disclosure Letter, in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will and its Subsidiaries shall (and Parent will shall cause the Surviving Corporation and its Subsidiaries to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, and except as otherwise set forth in this Section 6.11, nothing will prohibit the Surviving Corporation or any of its Subsidiaries, as applicable, from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Otelco Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation Company will (and Parent will cause the Surviving Corporation Company to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation Company from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to or permitted under applicable Law.
Appears in 1 contract
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Echelon Corp)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Lifelock, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans listed on Section 3.19(a) of the Company Disclosure Letter in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Cambrex Corp)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Company Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time, including by taking such actions, if any, as are required pursuant to applicable Law. Notwithstanding the foregoingforegoing but subject to Section 6.11(b) and Section 6.11(c), nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Company Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Existing Arrangements. From Subject to this Section 6.11, from and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans in accordance with their terms or if otherwise permitted pursuant to applicable Lawlaw.
Appears in 1 contract
Sources: Merger Agreement (Chico's Fas, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation and its Subsidiaries to) honor all of the Employee Plans Plans, in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, and except as otherwise set forth in this Section 6.11, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans Plans, including any compensation or severance arrangements, in accordance with their terms or if otherwise permitted pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (PRGX Global, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will shall (and Parent will shall cause the Surviving Corporation to) honor all of the Employee Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will in this Agreement shall prohibit Parent or the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted pursuant to applicable Law.
Appears in 1 contract
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Rover Group, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Plans and compensation and severance arrangements in accordance with their terms as in effect immediately prior to on date hereof and which are set forth in Section 6.11 of the Effective TimeCompany Disclosure Letter. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying or terminating any such Employee Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Lawlaw.
Appears in 1 contract
Sources: Merger Agreement (Ellie Mae Inc)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans in accordance with their terms as in effect immediately prior to the Effective Time. Notwithstanding the foregoingforegoing but subject to Section 6.10(c), nothing will prohibit Parent or the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Mandiant, Inc.)
Existing Arrangements. From and after the Effective Time, the Surviving Corporation will (and Parent will cause the Surviving Corporation to) honor all of the Employee Company Benefit Plans made available to Parent in accordance with their terms as in effect immediately prior to the Effective Timeterms. Notwithstanding the foregoing, nothing will prohibit the Surviving Corporation from in any way amending, modifying amending or terminating any such Employee Company Benefit Plans or compensation or severance arrangements in accordance with their terms or if otherwise permitted required pursuant to applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Medallia, Inc.)