Common use of Binding Effect; Successors Clause in Contracts

Binding Effect; Successors. The rights of the parties hereunder shall inure to the benefit of their respective successors, assigns, nominees, or other legal representatives. The Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a significant portion of the assets of the Company, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, would be required to perform if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed the “Company”, as the case may be, for purposes of this Agreement.

Appears in 16 contracts

Samples: Change in Control Severance Agreement (Teledyne Technologies Inc), Change in Control Severance Agreement (Allegheny Technologies Inc), Change in Control Severance Agreement (Teledyne Technologies Inc)

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Binding Effect; Successors. The rights of the parties hereunder shall inure to the benefit of their respective successors, assigns, nominees, or other legal representatives. The Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a significant portion of the assets of the Company, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, would be required to perform if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed the "Company", as the case may be, for purposes of this Agreement.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Teledyne Technologies Inc), Control Severance Agreement (Allegheny Technologies Inc), Control Severance Agreement (Teledyne Technologies Inc)

Binding Effect; Successors. The rights of the parties hereunder This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, nomineesheirs, or other executors and legal representatives. The Company shall require If any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, consolidation or otherwise) to all or a significant portion substantially all of the business and/or assets of the CompanyCompany and its subsidiaries may be deemed not to have assumed this Agreement by operation of law, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly Company shall require such successor to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, Company would be required to perform it if no such succession had taken place. Regardless of whether such agreement is executedAs used in this Agreement, the term "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 shall be binding upon any successor in accordance with the by operation of law and such successor shall be deemed the “Company”law, as the case may be, for purposes of this Agreementor otherwise.

Appears in 8 contracts

Samples: Employment and Retention Agreement (Itc Deltacom Inc), Employment and Retention Agreement (Itc Deltacom Inc), Employment and Retention Agreement (Itc Deltacom Inc)

Binding Effect; Successors. The rights of the parties hereunder This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, nomineesheirs, or other executors and legal representatives. The Company shall require If any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, consolidation or otherwise) to all or a significant portion substantially all of the business and/or assets of the CompanyCompany and its subsidiaries may be deemed not to have assumed this Agreement by operation of law, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly Company shall require such successor to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, Company would be required to perform it if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor As used in accordance with the operation of law and such successor shall be deemed the “Company”, as the case may be, for purposes of this Agreement., the term

Appears in 3 contracts

Samples: Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc)

Binding Effect; Successors. The rights of the parties hereunder shall inure to the benefit of their respective successors, assigns, nominees, or other legal representatives. The Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a significant portion of the assets of the Company, as the case may be, by agreement in form and substance reasonably satisfactory satis- factory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, would be required to perform if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed the "Company", as the case may be, for purposes of this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Fansteel Inc)

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Binding Effect; Successors. The rights of the parties hereunder shall inure to the benefit of their respective successors, assigns, nominees, or other legal representatives. The Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a significant portion of the assets of the Company, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, would be required to perform if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed the "Company”, ," as the case may be, for purposes of this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Aristech Chemical Corp)

Binding Effect; Successors. The rights of the parties hereunder This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, nomineesheirs, or other executors and legal representatives. The Company shall require If any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, consolidation or otherwise) to all or a significant portion substantially all of the business and/or assets of the CompanyCompany and its subsidiaries may be deemed not to have assumed this Agreement by operation of law, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly Company shall require such successor to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, Company would be required to perform it if no such succession had taken place. Regardless of whether such agreement is executedAs used in this Agreement, the term “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 shall be binding upon any successor in accordance with the by operation of law and such successor shall be deemed the “Company”law, as the case may be, for purposes of this Agreementor otherwise.

Appears in 1 contract

Samples: Executive Employment and Retention Agreement (Itc Deltacom Inc)

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