Common use of Merger or Acquisition Clause in Contracts

Merger or Acquisition. 8.1 If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 3 contracts

Samples: Change of Control Agreement (Dynamic Materials Corp), Change of Control Agreement (Dynamic Materials Corp), Change of Control Agreement (Dynamic Materials Corp)

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Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 11(g) will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 2 contracts

Samples: Employment Agreement (Bedford Holdings Inc), Employment Agreement (Bedford Holdings Inc)

Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 0((0)) will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 1 contract

Samples: Employment Agreement (Globecomm Systems Inc)

Merger or Acquisition. 8.1 8.1. If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 VIII will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 1 contract

Samples: Compensation Agreement (Biochem International Inc)

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Merger or Acquisition. 8.1 8.1. If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form term and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure inclusive to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 8 will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 1 contract

Samples: Management Continuity Agreement (Truevision International Inc)

Merger or Acquisition. 8.1 (i) If the Company is at any time before or after a Change of Control merged with or consolidated into or with any other corporation or other entity (whether or not the Company is the surviving entity), or if substantially all of the assets of the Company are transferred to another corporation or other entity, the corporation or other entity resulting from such merger or consolidation, or the acquirer of such assets, shall (by agreement in form and substance satisfactory to Executive) expressly assume the obligations of the Company under this Agreement. In any event, however, the provisions of this Agreement shall be binding upon and inure to the benefit of the corporation or other entity resulting from such merger or consolidation or the acquirer of such assets, and this Article 7 Section 0(0) will apply in the event of any subsequent merger or consolidation or transfer of assets.

Appears in 1 contract

Samples: Employment Agreement (Globecomm Systems Inc)

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