Common use of Operation of Agreement Clause in Contracts

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 40 contracts

Samples: Employment Continuation Agreement (Dollar Thrifty Automotive Group Inc), Employment Continuation Agreement (Dollar Thrifty Automotive Group Inc), Severance Agreement (Loewen Group Inc)

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Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Section 3(c), this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall will become immediately operative.

Appears in 26 contracts

Samples: Change of Control Severance Agreement (Sun Energy Solar Inc), Severance Agreement (Sherwin Williams Co), Change in Control Agreement (Abm Industries Inc /De/)

Operation of Agreement. This Agreement will shall be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will shall not be operative unless and until there has been a Change in Control occurswhile Employee is in the employ of the Company. Upon the occurrence For purposes of this Agreement, a Change in Control shall have occurred if at any time during any of the Term, without further action, this Agreement shall become immediately operative.following events occurs:

Appears in 15 contracts

Samples: Employment Agreement (Nordson Corp), Change in Control and Employment Agreement (Oglebay Norton Co /Ohio/), Change in Control and Employment Agreement (Oglebay Norton Co /Ohio/)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, whereupon without further action, action this Agreement shall become immediately operative.

Appears in 8 contracts

Samples: Severance Agreement (National City Corp), Severance Agreement (Dexter Corp), Severance Agreement (National Processing Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 9 notwithstanding that the Term may have theretofore expired.

Appears in 7 contracts

Samples: Severance Agreement (Cleveland Cliffs Inc), Severance Agreement (Railtex Inc), Severance Agreement (Cleveland Cliffs Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, notwithstanding anything in this Agreement to the contrary notwithstandingcontrary, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operativeoperative without further action.

Appears in 6 contracts

Samples: Severance Agreement (Associated Materials Inc), Employment Agreement (AMH Holdings, Inc.), Employment Agreement (Associated Materials Inc)

Operation of Agreement. This Agreement will be effective and binding ---------------------- immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 6 contracts

Samples: Control Severance Agreement (Sterling Commerce Inc), Control Severance Agreement (Sterling Software Inc), Control Severance Agreement (Sterling Software Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Sections 8 and 9, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 6 contracts

Samples: Control Severance Agreement (Vermont Transit Co Inc), Severance Agreement (Laidlaw International Inc), Control Severance Agreement (Laidlaw International Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement Agreement, to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, whereupon without further action, action this Agreement shall become immediately operative.

Appears in 5 contracts

Samples: Severance Agreement (Playboy Enterprises Inc), Severance Agreement (Playboy Enterprises Inc), Employment Agreement (Playboy Enterprises Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative. 3.

Appears in 5 contracts

Samples: 2 Severance Agreement (Outboard Marine Corp), Severance Agreement (Belden & Blake Corp /Oh/), 2 Severance Agreement (Outboard Marine Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall will become immediately operative.

Appears in 4 contracts

Samples: Change in Control Agreement (Abm Industries Inc /De/), Severance Agreement (Novatel Wireless Inc), Severance Agreement (CTS Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 6 notwithstanding that the Term may have theretofore expired.

Appears in 3 contracts

Samples: Special Incentive Bonus Agreement (Stimsonite Corp), Special Incentive Bonus Agreement (Stimsonite Corp), Special Incentive Bonus Agreement (Stimsonite Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the course of the Term, without further action, this Agreement shall become immediately operative, including without limitation, under the circumstances described in the last sentence of Section 10, notwithstanding that the Term may have theretofore terminated.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Cliffs Natural Resources Inc.), Change in Control (Cliffs Natural Resources Inc.), Change in Control (Cliffs Natural Resources Inc.)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to to, the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, whereupon without further action, action this Agreement shall become immediately operative.

Appears in 3 contracts

Samples: Severance Agreement (Playboy Enterprises Inc), Severance Agreement (Playboy Enterprises Inc), Severance Agreement (Playboy Enterprises Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall will become immediately operative, including without limitation, for purposes of the last sentence of Section 9 notwithstanding that the Term may have theretofore expired.

Appears in 3 contracts

Samples: Severance Agreement (CTS Corp), Severance Agreement (CTS Corp), Severance Agreement (CTS Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement but no benefits hereunder will not be operative payable unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 2 contracts

Samples: Severance Agreement (Omnova Solutions Inc), Severance Agreement (Omnova Solutions Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 11 notwithstanding that the Term may have theretofore expired.

Appears in 2 contracts

Samples: Severance Agreement (Cleveland Cliffs Inc), Severance Agreement (Cleveland Cliffs Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in the second sentence of Section 3.1, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall will become immediately operative.

Appears in 2 contracts

Samples: Agreement (Schulman a Inc), Agreement (Schulman a Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the course of the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 10 notwithstanding that the Term may have theretofore terminated.

Appears in 2 contracts

Samples: Change in Control (Cliffs Natural Resources Inc.), Change in Control (Cliffs Natural Resources Inc.)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 7 notwithstanding that the Term may have theretofore expired.

Appears in 2 contracts

Samples: Exhibit 99 (Stimsonite Corp), Exhibit 99 (Stimsonite Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, notwithstanding anything in this Agreement to the contrary notwithstandingcontrary, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, whereupon without further action, action this Agreement shall will become immediately operative.

Appears in 2 contracts

Samples: Severance Agreement (Federated Department Stores Inc /De/), Severance Agreement (Federated Department Stores Inc /De/)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative. 4 3.

Appears in 2 contracts

Samples: Award Agreement (Cmac Investment Corp), Award Agreement (Cmac Investment Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Section 3(c), this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Sunovia Energy Technologies Inc)

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Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in of Control occurs. Upon the occurrence of a Change in of Control at any time during the Term, without further action, this Agreement shall will become immediately operative.

Appears in 1 contract

Samples: Change of Control Agreement (Fogo De Chao, Inc.)

Operation of Agreement. This Agreement will be effective and ---------------------- binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 1 contract

Samples: Control Severance Agreement (Sterling Software Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, notwithstanding anything in this Agreement to the contrary notwithstandingcontrary, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including, without limitation, the last sentence of Section 9 notwithstanding that the Term may have theretofore expired.

Appears in 1 contract

Samples: Employment Agreement (Gliatech Inc)

Operation of Agreement. This Agreement will shall be effective and binding immediately upon its execution, but, but anything in this Agreement to the contrary notwithstanding, neither this Agreement will not nor any of its provisions shall be operative unless and until a Change in Control occurshas occurred. Upon the occurrence of a Change in Control at any time during the Term, without further actionControl, this Agreement and all of its provisions shall become immediately operativeoperative immediately.

Appears in 1 contract

Samples: Severance Agreement (Timken Co)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Section 3, this Agreement will not be operative unless and until a Change in of Control occurs. Upon the occurrence of a Change in of Control at any time during the Term, without further action, this Agreement shall will become immediately operative.

Appears in 1 contract

Samples: Change of Control Agreement (Cheniere Energy Inc)

Operation of Agreement. 2.1 This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Morgans Foods Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, but anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the date of the first occurrence of a Change in Control. If a Change in Control occurs at any time during the Term, without further action, this Agreement shall become immediately operativeoperative immediately.

Appears in 1 contract

Samples: Severance Agreement (Harman International Industries Inc /De/)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, but anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a the Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, whereupon without further action, action this Agreement shall become immediately operative.

Appears in 1 contract

Samples: Severance Agreement (Getting Ready Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of If a Change in Control occurs at any time during the Term, without further action, this Agreement shall become immediately operativeoperative immediately, including without limitation, the last sentence of Section 9 notwithstanding that the Term may have since expired.

Appears in 1 contract

Samples: Severance Agreement (Harman International Industries Inc /De/)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Section 9, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 9 notwithstanding that the Term may have theretofore expired.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Nationsrent Inc)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, except as provided in Section 9, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Roadway Corp)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative, including without limitation, the last sentence of Section 11 notwithstanding that the Term may have theretofore terminated.

Appears in 1 contract

Samples: Severance Agreement (Cliffs Natural Resources Inc.)

Operation of Agreement. This Agreement will be effective and binding immediately upon its execution, but, notwithstanding anything in this Agreement to the contrary notwithstandingcontrary, this Agreement will not be operative unless and until a Change in Control (as defined below) occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.further

Appears in 1 contract

Samples: Gliatech Inc

Operation of Agreement. This Agreement will be effective and ---------------------- binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will shall not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

Appears in 1 contract

Samples: 15 Severance Agreement (Americasdoctor Com Inc)

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