Common use of The Company Clause in Contracts

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, “the Company” shall mean the Company 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 24 contracts

Samples: Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc), Employment Agreement (PSS World Medical Inc)

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The Company. This Agreement shall inure to the benefit of and be binding upon enforceable by, and may be assigned by the Company and its successors and assigns. The Company will require to, any successor to purchaser of all or substantially all of the Company’s business and/or assets of or assets, any successor to the Company or any assignee thereof (whether direct or indirect, by purchase, merger, consolidation or otherwise) ). The Company will require any such purchaser, successor or assignee to expressly assume expressly 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 purchase, succession or assignment had taken place. As used in this Agreement, “the Company” shall mean the Company 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 24 contracts

Samples: Employment Agreement (American Campus Communities Inc), Employment Agreement (American Campus Communities Inc), Employment Agreement (Parent Co)

The Company. This Agreement shall inure to the benefit of and be binding upon enforceable by, and may be assigned by the Company and its successors and assigns. The Company will require to, any successor to purchaser of all or substantially all of the Company's business and/or assets of or assets, any successor to the Company or any assignee thereof (whether direct or indirect, by purchase, merger, consolidation or otherwise) ). The Company will require any such purchaser, successor or assignee to expressly assume expressly 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 purchase, succession or assignment had taken place. As used in this Agreement, “the Company” shall mean the Company 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 21 contracts

Samples: Executive Employment Agreement (Nord Resources Corp), Executive Employment Agreement (Nord Resources Corp), Executive Employment Agreement (Nord Resources Corp)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, "the Company" shall mean the Company 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 16 contracts

Samples: Employment Agreement (Tropical Sportswear Co Inc), Employment Agreement (PSS World Medical Inc), Employment Agreement (Tropical Sportswear Co Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its respective successors and assigns. The Company will shall require any successor to all or substantially all of the its business and/or assets of the Company (assets, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) otherwise (the “Company’s Successor”), by an agreement in form and substance satisfactory to the Executive, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 11 contracts

Samples: Executive Employment Agreement (Constar International Inc), Executive Employment Agreement (Constar International Inc), Executive Employment Agreement (Constar International Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assignssuccessors. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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, “the Company” shall mean the Company 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 9 contracts

Samples: Control Severance Agreement (Ns Group Inc), Control Severance Agreement (Ns Group Inc), Change of Control Severance Agreement (Ns Group Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will shall require any successor to all or substantially all of the business and/or assets of the Company (or the Subsidiaries, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) , by an agreement in form and substance satisfactory to the Executive, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if had no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 9 contracts

Samples: Employment Agreement (EconoShare, Inc.), Employment Agreement (EconoShare, Inc.), Execution Copy (Aris Industries Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its respective successors and assigns. The Company will shall require any successor to all or substantially all of the its business and/or assets of the Company (assets, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) , by an agreement in form and substance satisfactory to the Executive, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 8 contracts

Samples: Employment Agreement (Constar Inc), Employment Agreement (Interline Brands, Inc./De), Employment Agreement (Constar Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assignssuccessors. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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, “the "Company" shall mean the Company as hereinbefore defined and include any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law law, or otherwise.

Appears in 5 contracts

Samples: Change of Control Severance Agreement (Brooks Fiber Properties Inc), Control Severance Agreement (Ns Group Inc), Change of Control Severance Agreement (Brooks Fiber Properties Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will shall require any successor to all or substantially all of the business and/or assets of the Company (Company, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) , by an agreement in form and substance satisfactory to the Employee, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 (Triad Hospitals Inc), Employment Agreement (United States Filter Corp), Employment Agreement (Vivendi)

The Company. This Agreement shall inure to the benefit of and be ----------- binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, "the Company" shall mean the Company 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 4 contracts

Samples: Employment Agreement (Ivi Checkmate Corp), Employment Agreement (Check Into Cash Inc), Non Competition Agreement (Check Into Cash Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its respective successors and assigns. The Company will shall require any successor to all or substantially all of the its business and/or assets of the Company (assets, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) otherwise (the "Company's Successor"), by an agreement in form and substance satisfactory to the Executive, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 4 contracts

Samples: Executive Employment Agreement (Constar International Inc), Employment Agreement (Constar International Inc), Executive Employment Agreement (Constar International Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company it (whether direct or indirect, by stock or asset purchase, merger, consolidation or otherwise) or to all or substantially all of its business or assets to assume expressly 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 if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 2 contracts

Samples: Executive Employment Agreement (Adcare Health Systems, Inc), Executive Employment Agreement (Adcare Health Systems, Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, to expressly assume expressly and agree to perform the obligations under 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 AgreementSection 8.4, “the Company” shall mean the Company as hereinbefore defined and includes any successor to its business and/or or assets as aforesaid which assumes executes and agrees to perform delivers this Agreement or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law or otherwiselaw.

Appears in 2 contracts

Samples: Employment Agreement (CHINA INFRASTRUCTURE CONSTRUCTION Corp), Employment Agreement (Islet Sciences, Inc)

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The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, "the Company" shall mean the Company 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. 15.

Appears in 1 contract

Samples: Agreement This Agreement (Ivi Checkmate Corp)

The Company. This Agreement shall inure to the benefit of and be ----------- binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, “the Company” shall mean the Company 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.such

Appears in 1 contract

Samples: Employment, Confidentiality and Non Competition Agreement (Check Into Cash Inc)

The Company. This Agreement shall inure to the benefit of and be ___________ binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, "the Company" shall mean the Company 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 (Check Into Cash Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will shall require any successor to all or substantially all of the business and/or assets of the Company (Company, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) , by an agreement in form ant substance satisfactory to the Employee, expressly to assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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 (United States Filter Corp)

The Company. This Agreement shall inure to the benefit of ----------- and be binding upon the Company and its successors and assigns. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to assume expressly 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, "the Company" shall mean the Company 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: Agreement (Ivi Checkmate Corp)

The Company. This Agreement shall inure to the benefit of and be ----------- binding upon the Company and its successors and assignssuccessors. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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, “the "Company" shall mean the Company as hereinbefore defined and include any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law law, or otherwise.

Appears in 1 contract

Samples: Severance Agreement (Arch Mineral Corp)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns. The Company will shall require any successor to all or substantially all of the business and/or assets of the Company (or the Subsidiaries, whether direct or indirect, by purchase, merger, consolidation consolidation, acquisition of stock, or otherwise) , by an agreement in form and substance satisfactory to the Executive, expressly to EXECUTION COPY assume expressly and agree to perform this Agreement in the same manner and to the same extent that as the Company would be required to perform it if had no such succession had taken place. As used in this Agreement, “the Company” shall mean the Company 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: Execution Copy (Aris Industries Inc)

The Company. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assignssuccessors. The Company will require any successor to all or substantially all of the business and/or assets of the Company (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume expressly 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, “the Company” shall mean the Company as hereinbefore defined and include any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law law, or otherwise.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Ns Group Inc)

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