Common use of Assignment by the Company Clause in Contracts

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Executive.

Appears in 8 contracts

Samples: Change of Control Agreement (Covad Communications Group Inc), Change of Control Agreement (Covad Communications Group Inc), Change of Control Agreement (Covad Communications Group Inc)

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Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the ExecutiveEmployee.

Appears in 6 contracts

Samples: Change of Control Agreement (Rita Medical Systems Inc), Change of Control Agreement (Rita Medical Systems Inc), Change of Control Agreement (Rita Medical Systems Inc)

Assignment by the Company. The Company may assign its rights ------------------------- under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the ExecutiveEmployee.

Appears in 2 contracts

Samples: Change of Control Agreement (Rita Medical Systems Inc), Change of Control Agreement (Rita Medical Systems Inc)

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary), and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Executive.

Appears in 2 contracts

Samples: Change of Control Agreement (Covad Communications Group Inc), Change of Control Agreement (Covad Communications Group Inc)

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Executive.

Appears in 2 contracts

Samples: Employment Severance Agreement (Cost Plus Inc/Ca/), Employment Severance Agreement (Cost Plus Inc/Ca/)

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the ExecutiveEmployee.

Appears in 2 contracts

Samples: Key Employee Retention Agreement (Accelgraphics Inc), Key Employee Retention Agreement (Accelgraphics Inc)

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary)) without Executive’s consent, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Companywithout Executive’s consent; provided, however, that no assignment shall be made if the net worth book value of the assignee is less than the net worth book value (as determined in accordance with Generally Accepted Accounting Principles) of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation entity that actually employs the Executive.

Appears in 1 contract

Samples: Change of Control Agreement (Covad Communications Group Inc)

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Assignment by the Company. The Company may assign ------------------------- its rights under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Executive.the

Appears in 1 contract

Samples: Change of Control Agreement (Rita Medical Systems Inc)

Assignment by the Company. The Company may assign its rights under this Agreement to an affiliate (including a parent or subsidiary)) without Employee’s consent, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the CompanyCompany without Employee’s consent; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the ExecutiveEmployee.

Appears in 1 contract

Samples: Change of Control Agreement (Covad Communications Group Inc)

Assignment by the Company. The Company may assign its ------------------------- rights under this Agreement to an affiliate (including a parent or subsidiary)affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the ExecutiveEmployee.

Appears in 1 contract

Samples: Change of Control Agreement (Moai Technologies Inc)

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