No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 will not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend any Employee Plan; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (On Deck Capital, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective its Subsidiaries to terminate any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any of their respective Subsidiaries to continue any Employee PlanPlan or other compensation or benefit plan or arrangement, or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person; or (iv) establish, including a Continuing Employee (amend or beneficiary modify any benefit plan, program, agreement or dependent thereof), other than the Partiesarrangement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vista Equity Partners Fund Viii, L.P.), Agreement and Plan of Merger (Chico's Fas, Inc.), Agreement and Plan of Merger (Duck Creek Technologies, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend subject to the limitations and requirements specifically set forth in this Section 6.11, require Parent, the Surviving Corporation or any Employee Planof their respective Subsidiaries to continue any Company Plan or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Otelco Inc.), Agreement and Plan of Merger (Liberty Tax, Inc.), Agreement and Plan of Merger (Vitamin Shoppe, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any of their respective Subsidiaries to continue any Employee PlanPlan or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person; or (iv) establish, including a Continuing Employee (amend or beneficiary modify any benefit plan, program, agreement or dependent thereof), other than the Partiesarrangement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nutraceutical International Corp), Agreement and Plan of Merger (Monotype Imaging Holdings Inc.), Agreement and Plan of Merger (Innophos Holdings, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 will not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend or modify any Employee PlanPlan or create any employee benefit plan, program, policy, practice, agreement or arrangement; (iii) create a binding employment agreement with any employee of the Company or its subsidiaries; or (iiiiv) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Haynes International Inc), Agreement and Plan of Merger (Haynes International Inc)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.10 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective its Subsidiaries to terminate any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any of their respective Subsidiaries to continue any Employee PlanPlan or other compensation or benefit plan or arrangement, or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person; or (iv) establish, including a Continuing Employee (amend or beneficiary modify any benefit plan, program, agreement or dependent thereof), other than the Partiesarrangement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carrols Restaurant Group, Inc.), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.8 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate the employment of any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any of their respective Subsidiaries to implement or continue any Employee PlanPlan or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third third-party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Verde Bio Holdings, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate the employment of any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any Employee Planof their respective Subsidiaries to continue any Company Plan or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third third-party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Activision Blizzard, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend any Employee Plan or New Plan; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 will not be deemed to: to (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate the employment of any Continuing EmployeeEmployee for any reason; (ii) amend require Parent, the Surviving Corporation or any Employee Planof their respective Subsidiaries to continue any Company Plan or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend any Employee Company Plan; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 6.11 will not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend any Employee Plan; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ping Identity Holding Corp.)
No Third Party Beneficiary Rights. Notwithstanding anything to the contrary set forth in this Agreement, this Section 6.9 will 6.7 shall not be deemed to: (i) guarantee employment for any period of time for, or preclude the ability of Parent, the Surviving Corporation or any of their respective Subsidiaries to terminate any Continuing Employee; (ii) amend require Parent, the Surviving Corporation or any of their respective Subsidiaries to continue any employee benefit plan, including any Employee Plan, or prevent the amendment, modification or termination thereof after the Effective Time; or (iii) except as provided in Section 9.6, create any third party beneficiary rights in any Person, including a Continuing Employee (or beneficiary or dependent thereof), other than the Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Darden Restaurants Inc)
