Successor Company. The Company shall require any successor or successors (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to the Employee, to acknowledge expressly that this Agreement is binding upon and enforceable against the Company in accordance with the terms hereof, and to become jointly and severally obligated with the Company to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession or successions had taken place. Failure of the Company to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. As used in this Agreement, the Company shall mean the Company as hereinbefore defined and any such successor or successors to its business and/or assets, jointly and severally.
Successor Company. SECTION 5.01. When Company May Merge or Transfer Assets......................60
Successor Company. The Company shall require any successor or successors (whether direct or indirect, by purchase, merger or otherwise) to all or substantially all of the business or assets of the Company, by agreement in form and substance satisfactory to the Employee, to acknowledge expressly that this Agreement is binding upon and enforceable against the Company in accordance with the terms hereof, and to become jointly and severally obligated with the Company to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession or successions had taken place. Failure of the Company to notify the Employee in writing as to such successorship, to provide the Employee the opportunity to review and agree to the successor’s assumption of this Agreement or to obtain such agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. As used in this Agreement, the Company shall mean the Company as defined above and any such successor or successors to its business or assets, jointly and severally.
Successor Company. SECTION 5.01 When Holdings May Merge or Transfer Assets 117 ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01 Events of Default 119 SECTION 6.02 Acceleration 120 SECTION 6.03 Other Remedies 122 SECTION 6.04 Waiver of Past Defaults 122 SECTION 6.05 Control by Majority 122 SECTION 6.06 Limitation on Suits 122 SECTION 6.07 Contractual Rights of the Holders to Receive Payment 123 SECTION 6.08 Collection Suit by Trustee 123 SECTION 6.09 Trustee May File Proofs of Claim 123 SECTION 6.10 Application of Funds 123 SECTION 6.11 Undertaking for Costs 123 SECTION 6.12 Waiver of Stay or Extension Laws 123 ARTICLE VII TRUSTEE SECTION 7.01 Duties of Trustee 124 SECTION 7.02 Rights of Trustee 125 SECTION 7.03 Individual Rights of Trustee 126 SECTION 7.04 Trustee’s Disclaimer 126 SECTION 7.05 Notice of Defaults 126 SECTION 7.06 Reports by Trustee to the Holders 127 SECTION 7.07 Compensation and Indemnity 127 SECTION 7.08 Replacement of Trustee 128 SECTION 7.09 Successor Trustee by Merger 128 SECTION 7.10 Eligibility; Disqualification 129 SECTION 7.11 Preferential Collection of Claims Against the Issuers 129 SECTION 7.12 Limitation on Duty of Trustee and Collateral Agent in Respect of Collateral; Indemnification 129 ARTICLE VIII
Successor Company. SECTION 5.01. When Company and Owners May Merge or Transfer Assets ...................... 41
Successor Company. SECTION 5.01 When Issuers May Merge or Transfer Assets 85
Successor Company. Section 4.01. Consolidation, Merger and Sale of Assets.......................31
Successor Company. The term “
Successor Company. Section 5.01 [Reserved].
Successor Company. The obligations of the Company under this Warrant shall be binding upon any successor company or organization resulting from the merger, consolidation or other reorganization of the Company, or upon any successor company or organization succeeding to substantially all of the assets and business of the Company. The Company agrees that it will make appropriate provision for the preservation of Holder's rights under this Warrant in any agreement or plan which it may enter into or adopt to effect any such merger, consolidation, reorganization or transfer of assets.
