Common use of The Company’s Successors Clause in Contracts

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise), shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 5 contracts

Samples: Change of Control and Retention Agreement (Jive Software, Inc.), Control and Retention Agreement (Jive Software, Inc.), Change of Control and Retention Agreement (Jive Software, Inc.)

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The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise), shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 6(a7(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 4 contracts

Samples: Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.), Change of Control and Retention Agreement (McAfee, Inc.)

The Company’s Successors. Any The Company will require any successor to the Company (whether direct or indirect and whether indirect, by purchase, merger, consolidationassignment, liquidation consolidation or otherwise)) to all or substantially all of the business and/or assets of the Company, shall to expressly assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as that the Company would be required to perform if no such obligations succession had taken place. As used in the absence of a succession. For all purposes under this AgreementSection IV.F., the term “Company” shall include includes any successor to the Company’s its business and/or or assets as aforesaid, which executes and delivers the assumption agreement described in this Section 6(a) Agreement or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.

Appears in 2 contracts

Samples: Alphatec Severance Agreement (Alphatec Holdings, Inc.), Alphatec Severance Agreement (Alphatec Holdings, Inc.)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise), shall assume the obligations under this Agreement and agree expressly to perform the obligations under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a succession. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers agrees to assume the assumption agreement obligations of this Agreement as described in this Section 6(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Executive Severance Agreement (Castlight Health, Inc.)

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The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise), ) to all or substantially all of the Company’s business shall (and the Company shall cause such successor to) assume the obligations under this Agreement and agree expressly to perform the obligations of the Company under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a successionAgreement. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 6(a5(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Acquisition Bonus Agreement (Xcyte Therapies Inc)

The Company’s Successors. Any successor to the Company (whether direct or indirect and whether by purchase, merger, consolidation, liquidation or otherwise), ) to all or substantially all of the Company’s business shall (and the Company shall cause such successor to) assume the obligations under this Agreement and agree expressly to perform the obligations of the Company under this Agreement in the same manner and to the same extent as the Company would be required to perform such obligations in the absence of a successionAgreement. For all purposes under this Agreement, the term “Company” shall include any successor to the Company’s business and/or assets which executes and delivers the assumption agreement described in this Section 6(a8(a) or which becomes bound by the terms of this Agreement by operation of law.

Appears in 1 contract

Samples: Acquisition Bonus and Severance Agreement (Xcyte Therapies Inc)

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