Successors Binding Agreement Clause Example with 121 Variations from Business Contracts
This page contains Successors Binding Agreement clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform 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. Failure of the Company to obtain such ...assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate.View More
Variations of a "Successors Binding Agreement" Clause from Business Contracts
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (i) The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the its business and/or assets of the Company to expressly assume and agree to perform 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. Failure of the Compan...y to obtain such assumption and agreement no later than ten days prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 Agreement and shall entitle you to compensation from the Company in the same amount and on the same terms as you would be entitled under Section 4(iii), except that for purposes of implementing the foregoing, a date ten days prior to the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, "the Company" shall mean the Company, as hereinbefore defined and any successor to its business and/or assets that assumes and agrees to perform this Agreement by executing and delivering the agreement provided for in this paragraph 5, by operation of law, or otherwise. (ii) This Agreement shall inure to the benefit of and be enforceable by the Executive's your personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall you should die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, you hereunder, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives your devisee, legatee or administrators of the Executive's other designee or if there is no such designee, to your estate. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the Company shall (a)Bank will require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business businesses and/or assets of the Company Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Bank would be required to perform it if no such succession had ta...ken place. Failure of by the Company Bank to obtain such assumption and agreement prior to the effectiveness of any such succession shall be constitute a breach of this Agreement. 9.2 This Agreement and the provisions of Section 3 of this Agreement shall apply. As used in this Agreement, "Bank" shall mean Bank, as defined previously and any successor to its respective business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law or otherwise. -14- (b)This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall should die while after a Notice of Termination is delivered by Executive, or following termination of Executive's employment without Cause, and any amount amounts would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) under this Agreement if the Executive had continued to live, all such amounts, unless otherwise provided herein, amounts shall be paid in accordance with the terms of this Agreement to the executors, personal representatives Executive's devisee, legatee, or administrators of the other designee, or, if there is no such designee, to Executive's estate. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (a) The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform 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. Failure of the Company to... obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 Agreement and shall entitle Employee to compensation from the Company in the same amount and on the same terms as he would be entitled to hereunder if he terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used herein, the term "Company" shall include any successor to its business and/or assets as aforesaid which executes and delivers the Agreement provided for in this Section 13 or which otherwise becomes bound by all terms and provisions of this Agreement by operation of law. (b) This Agreement and all rights of Employee hereunder shall inure to the benefit of and be enforceable by the Executive's Employee's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall Employee should die while any amount amounts would still be payable to the Executive him hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive he had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives Employee's devisee, legatee, or administrators of the Executive's other designee or, if there be no such designee, to Employee's estate. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the Company shall (a) Bank will require any successor (whether direct or indirect, by purchase, merger, consolidation consolidation, or otherwise) to all or substantially all of the business businesses and/or assets of the Company Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company Bank would be required to perform it if no such succession had t...aken place. Failure of by the Company Bank to obtain such assumption and agreement prior to the effectiveness of any such succession shall be constitute a breach of this Agreement. 9.2 Agreement and the provisions of Section 3 of this Agreement shall apply. As used in this Agreement, "Bank" shall mean Bank, as defined previously and any successor to its respective business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law or otherwise. (b) This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall should die while after a Notice of Termination is delivered by Executive, or following termination of Executive's employment without Cause, and any amount amounts would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) under this Agreement if the Executive had continued to live, all such amounts, unless otherwise provided herein, amounts shall be paid in accordance with the terms of this Agreement to the executors, personal representatives Executive's devisee, legatee, or administrators of the other designee, or, if there is no such designee, to Executive's estate. View More
Successors Binding Agreement. 9.1 In 8.1.In addition to any obligations imposed by law upon any successor to to, or transferee of, the Company, the Company shall will require any successor (whether direct to, or indirect, by purchase, merger, consolidation or otherwise) to transferee of, all or substantially all of the business and/or assets of the Company or stock of the Company (whether direct or indirect, by purchase, merger, reorganization, liquidation, consolidation or otherwise) to expressly assume and agree to perform... this Agreement 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. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 This 8.2.This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If legatees and by the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. Company's successors and assigns. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (a) The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company Company, by agreement in form and substance reasonably satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be require...d to perform it if no such succession had taken place. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 Agreement and shall entitle the Employee to compensation from the Company in the same amount and on the same terms as he would be entitled to hereunder if he terminated his employment for Good Reason, except that for purposes of implementing the foregoing, the date on which any such succession becomes effective shall be deemed the Date of Termination. As used in this Agreement, "Company" shall mean the Company as defined herein defined and any successor to its business and/or assets as aforesaid that executes and delivers the agreement provided for in this Section 10 or that otherwise becomes bound by all the terms and provisions of this Agreement by operation of law. 6 (b) This Agreement and all rights of the Employee hereunder shall inure to the benefit of and be enforceable enforced by the Executive's Employee's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees distributee, devisee, and legatees. If the Executive shall Employee should die while any amount would amounts should still be payable to the Executive him hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive he had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives Employee's devisee, legatee, or administrators other designee or, if there be no such designee, to the Employee's estate (any of the Executive's estate. which is referred to herein as a "Beneficiary"). View More
Successors Binding Agreement. 9.1 In 11.1In addition to any obligations imposed by law upon any successor to the Company, the Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform 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. Failure of the Company to ...obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate.View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (a) The Company shall will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform 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. Failure of the Company to... obtain such Such assumption and agreement shall be obtained prior to the effectiveness of any such succession succession. As used in this Agreement, "Company" shall be a breach mean the Company as herein before defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of this Agreement. 9.2 law, or otherwise. (b) This Agreement shall inure to the benefit of and be enforceable by the Executive's your personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall you should die while any amount would still be payable to the Executive you hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the Executive you had continued to live, all such amounts, unless otherwise 10 provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives your devisee, legatee or administrators of the Executive's other designee or, if there is no such designee, to your estate. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (a) The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform 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. Failure of Unless expressly pr...ovided otherwise, "Company" as used herein shall mean the Company as defined in this Agreement and any successor to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement. 9.2 its business and/or assets as aforesaid. (b) This Agreement shall inure to the benefit of and be enforceable by the Executive and Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall should die while any amount would still be payable to the Executive hereunder (other than amounts which, by their terms, terminate upon the death of the Executive) if the had Executive had continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the executors, personal representatives Executive's devisee, legatee or administrators of the other designee or, if there is no such designee, to Executive's estate. Executive may not assign or transfer this Agreement or any rights or obligations hereunder. 10 13. Non-Competition. Executive agrees that, while Executive is employed with the Company, Executive will not, either directly or indirectly, have an interest in any business (whether as manager, operator, licensor, licensee, partner, 5% or greater equity holder, employee, consultant, director, advisor or otherwise) competitive with the Company or any of its business activities. View More
Successors Binding Agreement. 9.1 In addition to any obligations imposed by law upon any successor to the Company, the (a) The Company shall require any successor (whether direct purchaser or indirect, by purchase, merger, consolidation purchasers of the Company or otherwise) to all any purchaser or purchasers of substantially all of the business and/or or assets of the Company Company, by agreement in form and substance satisfactory to expressly the Executive, to assume and agree to perform this Agreement in the same manner... and to the same extent that the Company would be required to perform it if no such succession purchase had taken place. Failure of As used in this Agreement, "Company" shall mean the Company as hereinbefore defined and any successor to obtain such assumption its business or assets which executes and delivers the agreement prior to provided for in this Section 8(a) or which otherwise becomes bound by all the effectiveness of any such succession shall be a breach terms and provisions of this Agreement. 9.2 Agreement by operation of law. 6 (b) This Agreement shall inure to the benefit of and be enforceable by the Executive's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If the Executive shall die while any amount would still be payable is due to the Executive hereunder (other than amounts which, by their terms, terminate upon pursuant to this Agreement at or following the death time of the Executive) if the Executive had continued to live, all Executive's death, any such amounts, unless otherwise provided herein, amount shall be paid in accordance with the terms of this Agreement to the executors, personal representatives or administrators of the Executive's estate. View More
