Common use of Successors and Assigns; Binding Agreement Clause in Contracts

Successors and Assigns; Binding Agreement. This Agreement shall inure to the benefit of and shall be binding upon the Company, its successors and assigns. The obligations and duties of the Executive hereunder are personal and otherwise not assignable. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives. This Agreement shall not be terminated by the voluntary or involuntary dissolution of the Company or by any merger or consolidation, whether or not the Company is the surviving or resulting corporation, or upon any transfer of all or substantially all of the assets of the Company. In the event of any such dissolution, merger, consolidation or transfer of assets, the provisions of this Agreement shall bind and inure to the benefit of the surviving or resulting corporation, or the corporation to which such assets shall have been transferred, as the case may be; provided, however, that the Company will require any successor to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to Executive, to expressly assume and agree to perform under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.

Appears in 7 contracts

Samples: Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp)

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Successors and Assigns; Binding Agreement. This Agreement shall inure to the benefit of and shall be binding upon the Company, its successors and assigns. The obligations and duties of the Executive hereunder are personal and otherwise not assignable. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives. This Agreement shall not be terminated by the voluntary or involuntary dissolution of the Company or by any merger or consolidation, whether or not the Company is the surviving or resulting corporation, or upon any transfer of all or substantially all of the assets of the Company. In the event of any such dissolution, merger, consolidation or transfer of assets, the provisions of this Agreement shall bind and inure to the benefit of the surviving or resulting corporation, or the corporation to which such assets shall have been transferred, as the case may be; provided, however, that the Company will require any successor to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to Executive, to expressly assume and agree to perform under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.

Appears in 5 contracts

Samples: Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp)

Successors and Assigns; Binding Agreement. This Agreement shall inure In addition to the benefit of and shall be binding any obligations imposed by law upon any successor to the Company, its successors and assigns. The obligations and duties of the Executive hereunder are personal and otherwise not assignable. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives. This Agreement shall not be terminated by the voluntary or involuntary dissolution of the Company will assign to and require any successor (whether direct or indirect, by any merger or consolidation, whether or not the Company is the surviving or resulting corporation, or upon any transfer of all or substantially all of the assets of the Company. In the event of any such dissolutionpurchase, merger, consolidation consolidation, bankruptcy or transfer of assets, the provisions of this Agreement shall bind and inure to the benefit of the surviving or resulting corporation, or the corporation to which such assets shall have been transferred, as the case may be; provided, however, that the Company will require any successor otherwise) to all or substantially all of the business and/or assets of the Company, by agreement or all or substantially all of the assets of the Company's line of business in form and substance satisfactory to Executivewhich the Executive is then employed, as the case may be, to expressly assume and agree to perform under this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. The Executive consents to any such assignment. This Agreement shall inure to the benefit of and be enforceable by the Company's successors (whether direct or indirect, by purchase, merger, consolidation, bankruptcy or otherwise) to all or substantially all of the business and/or assets of the Company, or all or substantially all of the assets of the Company's line of business in which the Executive is employed, as the case may be. Executive expressly agrees to such assignment of this Agreement by the Company in favor of its successors in interest, if any.

Appears in 1 contract

Samples: Employment Agreement (Armstrong World Industries Inc)

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Successors and Assigns; Binding Agreement. This Agreement shall inure to the benefit of and shall be binding upon the Company, its successors and assigns. The obligations and duties of the Executive hereunder are personal and otherwise not assignable. This Agreement shall inure to the benefit of and be enforceable by the Executive's legal representatives. This Agreement shall not be terminated by the voluntary or involuntary dissolution of the Company or by any merger or consolidation, whether or not the Company is the surviving or resulting corporation, or upon any transfer of all or substantially all of the assets of the Company. In the event of any such dissolution, merger, consolidation or transfer of assets, the provisions of this Agreement shall bind and inure to the benefit of the surviving or resulting corporation, or the corporation to which such assets shall have been transferred, as the case may be; provided, however, that the Company will require any successor to all or substantially all of the business and/or assets of the Company, by agreement in form and substance satisfactory to Executive, to expressly assume and agree to perform under this Agreement in the same manner and to the same extent that the Company would be required to perform under it if no such succession had taken place.

Appears in 1 contract

Samples: Employment Agreement (Long Beach Financial Corp)

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