Common use of Successor to the Company Clause in Contracts

Successor to the Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company to expressly assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 20 contracts

Samples: Executive Retention Agreement (Tangoe Inc), Executive Severance Agreement (Constant Contact, Inc.), Executive Severance Agreement (Constant Contact, Inc.)

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Successor to the Company. The Company shall require any successor to the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company Company, expressly to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 12 contracts

Samples: Form of Indemnity Agreement (Marchex Inc), Limited Partnership Agreement (Premier, Inc.), Indemnification Agreement (Premier, Inc.)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 9 contracts

Samples: Severance Agreement (Meredith Corp), Severance Agreement Between Meredith Corporation and Executive Officers (Meredith Corp), Change in Control Agreement (Raven Industries Inc)

Successor to the Company. The Company shall require any successor or assign (whether direct or indirect, indirect by purchase, merger, . consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 5 contracts

Samples: Employment Agreement (Cuno Inc), Employment Agreement (Cuno Inc), Employment Agreement (Cuno Inc)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, absolutely and unconditionally to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 4 contracts

Samples: Management Retention Agreement (Champion Parts Inc), Management Retention Agreement (Champion Parts Inc), Management Retention Agreement (Champion Parts Inc)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company to expressly absolutely and unconditionally assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean Any failure of the Company as defined above to obtain such assumption and agreement prior to the effectiveness of any successor such succession or assignment shall entitle Executive to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requiresterminate Executive's employment for Good Reason.

Appears in 3 contracts

Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company to expressly absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean Any failure of the Company as defined above to obtain such assumption and agreement prior to the effectiveness of any successor such succession or assignment shall entitle Executive to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requiresterminate Executive’s employment for Good Reason.

Appears in 2 contracts

Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)

Successor to the Company. The Company shall require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 2 contracts

Samples: Employment Agreement (Cuno Inc), Employment Agreement (Cuno Inc)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company to expressly absolutely and unconditionally assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean Any failure of the Company as defined above to obtain such assumption and agreement prior to the effectiveness of any successor such succession or assignment shall entitle Executive to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requiresterminate Executive’s employment for Good Reason.

Appears in 2 contracts

Samples: Change in Control Agreement (Novelis Inc.), Change in Control Agreement (Novelis Inc.)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.the

Appears in 1 contract

Samples: Severance Compensation and Restrictive Covenant Agreement (Matria Healthcare Inc)

Successor to the Company. The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly Executive, to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no it. Any failure to obtain such an agreement prior to the effectiveness of any such succession had taken place. As used in or assignment shall be a material breach of this Agreement, “Company” Agreement and shall mean the Company as defined above and any successor entitle Executive to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requiresterminate his employment for Good Reason.

Appears in 1 contract

Samples: Severance Agreement (Bell Industries Inc /New/)

Successor to the Company. The Company shall require any successor (or assignee, whether direct or indirect, by purchase, merger, consolidation or otherwise) , to all or substantially all of the business or assets of the Company Company, expressly and unconditionally to expressly assume and agree to perform the Company's obligations under this Agreement Agreement, in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.SIGNATURES

Appears in 1 contract

Samples: Control Agreement (Alliance Bancorp of New England Inc)

Successor to the Company. The Company shall require any successor or assign (whether direct or indirect, indirect by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 1 contract

Samples: Employment Agreement (Cuno Inc)

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

Appears in 1 contract

Samples: Executive Severance Agreement (Endurance International Group Holdings, Inc.)

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Successor to the Company. The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires."

Appears in 1 contract

Samples: Severance Agreement Between Meredith Corporation and Executive Officers (Meredith Corp)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/ or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.to

Appears in 1 contract

Samples: Severance Compensation Agreement (Zymetx Inc)

Successor to the Company. The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company expressly to expressly assume and agree to perform this Agreement to the same extent that the Company would be required to perform it if no such succession had taken place. As used in Failure of the Company to obtain an assumption of this Agreement at or prior to the effectiveness of any succession shall be a material breach of this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 1 contract

Samples: Employment Agreement (Blueprint Medicines Corp)

Successor to the Company. The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly Executive, to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requiresit.

Appears in 1 contract

Samples: Severance Agreement (Bell Industries Inc /New/)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.As

Appears in 1 contract

Samples: Form of Change in Control Agreement (Raven Industries Inc)

Successor to the Company. (a) The Company shall will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Company Company, by agreement in form and substance reasonably satisfactory to expressly Executive, expressly, absolutely and unconditionally to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 1 contract

Samples: Recognition Agreement (Novelis Inc.)

Successor to the Company. The Company shall require any successor to the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) or to all or substantially all of the business or assets of the Company Company, expressly to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 1 contract

Samples: Indemnity Agreement (Myriant Corp)

Successor to the Company. The Company shall will require any successor or assign (whether direct or indirect, by purchase, exchange, lease, merger, consolidation or otherwise) to all or substantially all of the business or property and assets of the Company and its subsidiaries taken as whole, expressly, absolutely and unconditionally to expressly assume and agree to perform the obligations of the Company under this Agreement in the same manner and to the same extent that the Company would be required to perform it such obligations if no such succession or assignment had taken place. As used in this Agreement, “Company” shall mean the Company as defined above and any successor to its business or assets as aforesaid which assumes and agrees to perform this Agreement, by operation of law or otherwise, except where the context otherwise requires.

Appears in 1 contract

Samples: Change of Control Agreement (Zale Corp)

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