Common use of Successors; Binding Agreement Clause in Contracts

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 49 contracts

Samples: Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co), Severance Protection Agreement (Century Aluminum Co)

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Successors; Binding Agreement. (a) a. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 39 contracts

Samples: Employment Agreement (El Banco Financial Corp), Employment Agreement (El Banco Financial Corp), Employment Agreement (Private Business Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns and the Assigns. The Company shall require any its Successors and Assigns 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.

Appears in 26 contracts

Samples: Severance Protection Agreement (Axsys Technologies Inc), Severance Protection Agreement (Axsys Technologies Inc), Severance Protection Agreement (Axsys Technologies Inc)

Successors; Binding Agreement. (a) A. This Agreement shall be binding upon and shall inure to the benefit of the Company, Employer and its Successors and Assigns Assigns, and the Company Employer shall require any Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Employer would be required to perform it if no such succession or assignment had taken place.

Appears in 16 contracts

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

Successors; Binding Agreement. (a) 9.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 11 contracts

Samples: Retention and Severance Agreement (Hologic Inc), Second Retention Agreement (Hologic Inc), Retention and Severance Agreement (Cytyc Corp)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Corporation and its respective Successors and Assigns and the Company Assigns. The Corporation shall require any its respective Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform it if no such succession or assignment had taken place.

Appears in 11 contracts

Samples: Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (Motorola Inc), Severance Protection Agreement (Commscope Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its the Corporation and their respective Successors and Assigns Assigns. The Company and the Company Corporation shall require any their respective Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company and/or the Corporation would be required to perform it if no such succession or assignment had taken place.

Appears in 10 contracts

Samples: Severance Protection Agreement (Gpu Inc /Pa/), Severance Protection Agreement (Pennsylvania Electric Co), Severance Protection Agreement (Gpu Inc /Pa/)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, and its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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.

Appears in 10 contracts

Samples: Settlement and Release Agreement (Hologic Inc), Transition and Separation Agreement (Hologic Inc), Separation Agreement (Hologic Inc)

Successors; Binding Agreement. (a) 13.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 10 contracts

Samples: Employment Agreement (Akorn Inc), Employment Agreement (Option Care Inc/De), Employment Agreement (Akorn Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns and the Assigns. The Company shall require any its Successors and Assigns Assigns, by agreement in form and substance reasonably satisfactory to the Executive, 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.

Appears in 9 contracts

Samples: Severance Protection Agreement (Curtiss Wright Corp), Retention Agreement (Nine West Group Inc /De), Vincent Camuto Retention Agreement (Nine West Group Inc /De)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors and Assigns successor or assign 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.. The term "

Appears in 7 contracts

Samples: Severance Protection Agreement (National Service Industries Inc), Severance Protection Agreement (L&c Spinco Inc), Incentive Compensation Agreement (Vlasic Foods International Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the CompanyEmployer, its the Corporation and their respective Successors and Assigns Assigns. The Employer and the Company Corporation shall require any their respective Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Employer and/or the Corporation would be required to perform it if no such succession or assignment had taken place.

Appears in 7 contracts

Samples: Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Community Health Systems Inc), Change in Control Severance Agreement (Community Health Systems Inc)

Successors; Binding Agreement. (a) 8.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 6 contracts

Samples: Severance Protection Agreement (Delta & Pine Land Co), Severance Protection Agreement (Delta & Pine Land Co), Severance Protection Agreement (Delta & Pine Land Co)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors and Assigns successor or assign 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.. In such event, the term “the Company” as used herein shall include such successors and assigns. The term “

Appears in 5 contracts

Samples: Control Severance Protection Agreement (Campbell Soup Co), Control Severance Protection Agreement (Campbell Soup Co), Severance Protection Agreement (Campbell Soup Co)

Successors; Binding Agreement. (a) 6.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 4 contracts

Samples: Severance Protection Agreement (Barrett Resources Corp), Severance Protection Agreement (Barrett Resources Corp), Severance Protection Agreement (Chateau Properties Inc)

Successors; Binding Agreement. (a) 9.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 4 contracts

Samples: Severance Protection Agreement (Delta & Pine Land Co), Severance Protection Agreement (Delta & Pine Land Co), Severance Protection Agreement (Delta & Pine Land Co)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns, and the Company shall require any Successors and Assigns successor or assign 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.

Appears in 4 contracts

Samples: Donjoy LLC, Donjoy LLC, Donjoy LLC

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors successors and Assigns and the assigns. The Company shall require any Successors its successors and Assigns assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company it would be required to perform it this Agreement if no such succession or assignment had taken place.

Appears in 4 contracts

Samples: Change of Control Agreement (ARGON ST, Inc.), Change of Control Agreement (ARGON ST, Inc.), Change of Control Agreement (ARGON ST, Inc.)

Successors; Binding Agreement. (a) 11.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 4 contracts

Samples: Compensation Protection Agreement (American Pharmaceutical Partners Inc /De/), Compensation Protection Agreement (American Pharmaceutical Partners Inc /Ca/), Compensation Protection Agreement (American Pharmaceutical Partners Inc /Ca/)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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. Neither this Agreement nor any right or interest hereunder shall be assignable or transferable by the Officer, his beneficiaries or legal representatives, except by will or by the laws of descent and distribution, in which case, the Agreement may be enforceable only to the extent provided herein.

Appears in 3 contracts

Samples: Change in Control Agreement (Red River Bancshares Inc), Change in Control Agreement (Red River Bancshares Inc), Change in Control Agreement (Red River Bancshares Inc)

Successors; Binding Agreement. (a) 11.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 3 contracts

Samples: Compensation and Severance Agreement (Restoration Hardware Inc), Compensation Protection Agreement (Verio Inc), Compensation and Severance Agreement (Restoration Hardware Inc)

Successors; Binding Agreement. (a) 6.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 3 contracts

Samples: Agreement (Usf Corp), Severance Agreement (Restoration Hardware Inc), Change in Control Agreement (Acuson Corp)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns Successor or Assign 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.

Appears in 2 contracts

Samples: Termination Protection Agreement (Radioshack Corp), Termination Protection Agreement (Radioshack Corp)

Successors; Binding Agreement. (a) 9.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, and its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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.

Appears in 2 contracts

Samples: Retention and Severance Agreement (Gen Probe Inc), Retention and Severance Agreement (Hologic Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors and Assigns successor or assign 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.assignment

Appears in 2 contracts

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

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors successors and Assigns and the assigns. The Company shall require (i) any Successors successors and Assigns assigns 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, and (ii) the parent entity, if any, of any such successors and assigns to guarantee the performance of any such successors and assigns hereunder.

Appears in 2 contracts

Samples: Change of Control Agreement (Smart Balance, Inc.), Severance Agreement (Smart Balance, Inc.)

Successors; Binding Agreement. (a) 6.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 2 contracts

Samples: Severance Protection Agreement (Tylan General Inc), Severance Protection Agreement (Tylan General Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns to expressly assume and agree to perform this Agreement in connection with any Change in Control and 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.

Appears in 2 contracts

Samples: Severance Agreement (Kyphon Inc), Severance Agreement (Kyphon Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 2 contracts

Samples: Employment Agreement (Banc Corp), Employment Agreement (Banc Corp)

Successors; Binding Agreement. (a) a. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns, and the Company shall require any Successors and Assigns successor or assign 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.

Appears in 2 contracts

Samples: Donjoy LLC, Donjoy LLC

Successors; Binding Agreement. (a) 10.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 2 contracts

Samples: Compensation and Severance Agreement (Restoration Hardware Holdings Inc), Compensation Protection Agreement (More Com Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the CompanyEmployer, its Successors and Assigns and the Company Employer shall require any Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Employer would be required to perform it if no such succession or assignment had taken place.

Appears in 2 contracts

Samples: Employment Agreement (Peoples Community Capital Corp), Employment Agreement (Peoples Community Capital Corp)

Successors; Binding Agreement. (a) 11.1. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the successors and assigns of the Company, its Successors and Assigns and . Each of the Company shall require may assign this Agreement, without Executive’s prior consent, to any Successors person or entity that acquires all or a substantial part of the business and/or assets of the Company or any subsidiary thereof to which Executive regularly provides services, provided in each case that such entity expressly assumes and Assigns to expressly assume and agree agrees 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.

Appears in 2 contracts

Samples: Employment Agreement (Avangrid, Inc.), Employment Agreement (Avangrid, Inc.)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns and the Assigns. The Company shall require (i) any Successors and Assigns 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, and (ii) the parent entity, if any, of any such Successors and Assigns to guarantee the performance of any such Successors and Assigns hereunder.

Appears in 2 contracts

Samples: Change of Control Agreement (Mti Technology Corp), Change of Control Agreement (Smart Balance, Inc.)

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Successors; Binding Agreement. (a) 5.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Severance Protection Agreement (Amerivest Properties Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns and Assigns. As a condition of closing a transaction which would effectuate a Change In Control, the Company shall require any its Successors and Assigns Assigns, by agreement in form and substance reasonably satisfactory to the Executive, 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.

Appears in 1 contract

Samples: Control and Severance Protection Agreement (Curtiss Wright Corp)

Successors; Binding Agreement. (a) This a)This Agreement shall be binding upon and shall inure to the benefit of the Company, Corporation and its respective Successors and Assigns and the Company Assigns. The Corporation shall require any its respective Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Corporation would be required to perform it if no such succession or assignment had taken place.

Appears in 1 contract

Samples: Severance Protection Agreement (CommScope Holding Company, Inc.)

Successors; Binding Agreement. (a) 10.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, and its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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.

Appears in 1 contract

Samples: Agreement (Hologic Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors and Assigns successor or assign 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.. In such event, the term "

Appears in 1 contract

Samples: Employment Agreement (Campbell Soup Co)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its the Employer and their Successors and Assigns Assigns. The Company and the Company Employer shall require any their Successors and Assigns to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company and the Employer would be required to perform it if no such succession or assignment had taken place.

Appears in 1 contract

Samples: Deferred Compensation Agreement (FB Financial Corp)

Successors; Binding Agreement. (a) a. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Employment Agreement (Netzee Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Executive, the Company, its Successors and Assigns and the Company shall require any Successors and Assigns Successor or Assign 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.

Appears in 1 contract

Samples: Termination Protection Agreement (Osullivan Industries Holdings Inc)

Successors; Binding Agreement. (a) 1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Employment Agreement (Netzee Inc)

Successors; Binding Agreement. (ae) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Severance Protection Agreement (Century Aluminum Co)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors and Assigns and the Company shall require any Successors and Assigns to expressly assume and agree to perform this Agreement in the same samez6 manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place.

Appears in 1 contract

Samples: Change of Control Agreement (Mti Technology Corp)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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. Neither this Agreement nor any right or interest hereunder shall be assignable or transferable by the Employee, his beneficiaries or legal representatives, except by will or by the laws of descent and distribution.

Appears in 1 contract

Samples: Change of Control Agreement (Digital Lightwave Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors successors and Assigns assigns 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.

Appears in 1 contract

Samples: Management Continuity Agreement (Piccadilly Cafeterias Inc)

Successors; Binding Agreement. (a) 7.1 This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Severance Protection Agreement (Usf Corp)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors Successor and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Agreement (Superior Bancorp)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors successors and Assigns and the assigns. The Company shall require any Successors successors and Assigns assigns 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. Neither this Agreement nor any right or interest hereunder shall be assignable or transferable by the Executive, his beneficiaries or legal representatives.

Appears in 1 contract

Samples: Change in Control Agreement (Hearusa Inc)

Successors; Binding Agreement. (a) a. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors Successors; and Assigns and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Employment Agreement (Towne Services Inc)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors successors and Assigns and the assigns. The Company shall require (i) any Successors successors and Assigns assigns 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, and (ii) the parent entity, if any, of any such successors and assigns to guarantee the performance of any such Successors and Assigns hereunder.

Appears in 1 contract

Samples: Change of Control Agreement (Smart Balance, Inc.)

Successors; Binding Agreement. (a) This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns, and the Company shall require any Successors successors and Assigns assigns 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. Neither this Agreement nor any right or interest hereunder shall be assignable or transferable by the Officer, [his/her] beneficiaries or legal representatives, except by will or by the laws of descent and distribution, in which case, the Agreement may be enforceable only to the extent provided herein.

Appears in 1 contract

Samples: Change in Control Agreement (Red River Bancshares Inc)

Successors; Binding Agreement. (a) a. This Agreement shall be binding upon and shall inure to the benefit of the Company, Company and its Successors and Assigns Assigns, and the Company shall require any Successors and Assigns 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.

Appears in 1 contract

Samples: Employment Agreement (El Banco Financial Corp)

Successors; Binding Agreement. (a) 9.1. This Agreement shall be binding upon and shall inure to the benefit of the Company, its Successors successors and Assigns assigns and the Company shall require any Successors and Assigns successor or assign 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.. The term "

Appears in 1 contract

Samples: Severance Protection Agreement (Vlasic Foods International Inc)

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