Common use of Performance by Clause in Contracts

Performance by. a Successor to Enterprise. Enterprise will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of Enterprise to assume expressly and agree to perform this Agreement in the same manner and to the same extent that Enterprise would be required to perform it if no such succession had taken place. As used in this Agreement, "Enterprise" shall mean Enterprise as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.

Appears in 5 contracts

Samples: Employment Agreement (Public Service Electric & Gas Co), Employment Agreement (Pseg Energy Holdings Inc), Employment Agreement (Public Service Enterprise Group Inc)

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Performance by. a Successor to Enterprise. Enterprise will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of o f the business and/or assets of Enterprise to assume expressly and agree to perform this Agreement in the same manner and to the same extent that Enterprise would be required to perform it if no such succession had taken place. As used in this Agreement, "Enterprise" shall mean Enterprise as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Pseg Energy Holdings Inc)

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