Common use of Consolidation, Merger or Sale of Assets Clause in Contracts

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 18 contracts

Samples: Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.), Employment Agreement (United Insurance Holdings Corp.)

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or with, merging into or withinto, or transferring all all, or substantially all all, of its their assets to, to another corporation which that assumes this Agreement, all their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the Company" as used herein, shall mean such other corporation or entity, and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 16 contracts

Samples: Severance and Change in Control Agreement (First Defiance Financial Corp), Employment Agreement (United Community Financial Corp), Severance and Change in Control Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 12 contracts

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.), Employment Agreement (Heritage Insurance Holdings, Inc.), Employment Agreement (Heritage Insurance Holdings, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, with or transferring all or substantially all of its assets toto another corporation. In that event, another such other corporation which assumes shall assume this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 10 contracts

Samples: Senior Executive Agreement (Hanover Foods Corp /Pa/), Senior Executive Agreement (Hanover Foods Corp /Pa/), Senior Executive Agreement (Hanover Foods Corp /Pa/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 7 contracts

Samples: Agreement (Cuc International Inc /De/), Form of Agreement (Cuc International Inc /De/), Form of Agreement (Cuc International Inc /De/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, merger, Merger or transfer Sale of assets and assumptionAssets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject . This Section 7 is not intended to modify or limit the provisions rights of Paragraph 6 hereofthe Executive hereunder.

Appears in 6 contracts

Samples: Employment Agreement (Specialty Care Network Inc), Employment Agreement (Specialty Care Network Inc), Employment Agreement (Specialty Care Network Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, to another corporation or person which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, mergerMerger, or transfer Sale of assets and assumption, Assets the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 5 contracts

Samples: Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp), Employment Agreement (World Acceptance Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreementor corporations; PROVIDED, and all obligations of the Company hereunderHOWEVER, in writingthat such consolidation, merger or transfer shall not affect Employee's rights under Section 6(c) hereof. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the Company" ", as used herein, shall mean such other corporation or corporations, and this Agreement shall continue in full force and effect, subject effect and such other corporation or corporations shall be liable for all payments to Employee under the provisions of Paragraph 6 hereofAgreement.

Appears in 4 contracts

Samples: Employment Agreement (V One Corp/ De), Employment Agreement (V One Corp/ De), Employment Agreement (V One Corp/ De)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 5 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Pallet Management Systems Inc), Pallet Management Systems Employment Agreement (Pallet Management Systems Inc), Employment Agreement (Pallet Management Systems Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, to another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Simmons Co /Ga/), Employment Agreement (Simmons Co /Ga/), Employment Agreement (Simmons Co /Ga/)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement AGREEMENT shall preclude the Company COMPANY or the HOLDING COMPANY from consolidating or with, merging into or withinto, or transferring all all, or substantially all, of their assets to another corporation that assumes all of its assets to, another corporation which assumes this Agreement, their obligations and all obligations of the Company undertakings hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumptionassets, the term "the CompanyCOMPANY" as used herein, shall mean such other corporation or entity, and this Agreement AGREEMENT shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (United Community Financial Corp), Employment Agreement (United Community Financial Corp), Employment Agreement (United Community Financial Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 4 contracts

Samples: Employment Agreement (Wyndham Worldwide Corp), Employment Agreement (Wyndham Worldwide Corp), Employment Agreement (Wyndham Worldwide Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment and Retention Agreement (Flipside Acquisition Corp), Employment and Retention Agreement (Flipside Acquisition Corp), Employment and Retention Agreement (Flipside Acquisition Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 3 contracts

Samples: Employment Agreement (Liveperson Inc), Employment Agreement (Liveperson Inc), Employment Agreement (Liveperson Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation entity and this Agreement shall continue in full force and effect, subject . This Section 7 is not intended to modify or limit the provisions rights of Paragraph 6 hereofthe Executive hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Health Grades Inc), Employment Agreement (Health Grades Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which that, in its discretion, assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof. 9.

Appears in 2 contracts

Samples: Executive Agreement (Traderight Corp), Employment Agreement (Traderight Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall will preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall herein will mean such the other corporation and this Agreement shall will continue in full force and effect, subject to Executive’s rights and remedies hereunder due to a Change in Control of the provisions of Paragraph 6 hereofCompany.

Appears in 2 contracts

Samples: Employment Agreement (Wyndham Worldwide Corp), Performance Guaranty (Wyndham Worldwide Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer of assets and assumption, the term term, "the Company" ", as used herein, herein shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Mellon Bank Corp), Employment Agreement (Mellon Bank Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used herein, shall will mean such the other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Central Parking Corp)

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Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude or impair the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation entity which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Big Entertainment Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, merger, or transfer Merger of assets and assumptionSale of Assets, the term "the Company" as used herein, shall will mean such the other corporation corporations and this Agreement shall continue in full force and effect, subject . This Section 7 is not intended to modify or limit the provisions rights of Paragraph 6 hereofthe Executive hereunder.

Appears in 1 contract

Samples: Employment Agreement (Health Grades Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Heritage Insurance Holdings, Inc.)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation or entity which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such consolidationa Consolidation, merger, Merger or transfer Sale of assets and assumptionAssets, the term "the Company" as used herein, shall will mean such the other corporation or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Consulting Agreement (Central Parking Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude prevent the Company Corporation from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which business or entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company Corporation hereunder, in writing. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the CompanyCorporation" as used herein, herein shall mean such other corporation business or entity and this Agreement shall continue in full force and effect, subject to the provisions Employee's right of Paragraph 6 hereoftermination as may be provided herein.

Appears in 1 contract

Samples: Termination Agreement (Ezcony Interamerica Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which or entity that assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionAssets, the term "the Company" as used herein, shall herein will mean such the other corporation or entity and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Employment Agreement (Psychiatric Solutions Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumption, the term "the Company" as used herein, shall mean such the other corporation and this Agreement shall continue in full force and effect. Should the acquiring company for any reason deny the effect of this provision or fail to act in accordance with it, subject the Company will continue to the provisions of Paragraph 6 hereofbe obligated to perform under this Agreement notwithstanding.

Appears in 1 contract

Samples: Employment Agreement (Wyndham Worldwide Corp)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which that assumes this Agreement, Agreement and all obligations of the Company hereunder, in writing. Upon such consolidation, merger, or transfer of assets and assumption, the term "the Company" as used herein, shall mean such other corporation and this Agreement shall continue in full force and effect, subject to the provisions of Paragraph 6 hereof.

Appears in 1 contract

Samples: Executive Agreement (Globalnet Financial Com Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used hereinwill mean the other corporation, shall mean such other corporation and this Agreement shall continue in full force and effect, subject . This Section 6 is not intended to modify or limit the provisions rights of Paragraph 6 hereofCASE hereunder.

Appears in 1 contract

Samples: Royalty Agreement (Amerivision Communications Inc)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreementor corporations; provided, and all obligations of the Company hereunderhowever, in writingthat such consolidation, merger or transfer shall not affect Employee's rights under Section 6(c) hereof. Upon such a consolidation, merger, or transfer of assets and assumption, the term "the Company" ", as used herein, shall mean such other corporation or corporations, and this Agreement shall continue in full force and effect, subject effect and such other corporation or corporations shall be liable for all payments to Employee under the provisions of Paragraph 6 hereofAgreement.

Appears in 1 contract

Samples: Employment Agreement (V One Corp/ De)

Consolidation, Merger or Sale of Assets. Nothing in this Agreement shall preclude the Company from consolidating or merging into or with, or transferring all or substantially all of its assets to, another corporation which assumes this Agreement, Agreement and all obligations and undertakings of the Company hereunder, in writing. Upon such a consolidation, merger, merger or transfer sale of assets and assumptionassets, the term "the Company" as used hereinwill mean the other corporation, shall mean such other corporation and this Agreement shall continue in full force and effect, subject . This Section 6 is not intended to modify or limit the provisions rights of Paragraph 6 hereofRegency hereunder.

Appears in 1 contract

Samples: Royalty Agreement (Amerivision Communications Inc)

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