Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 16 contracts
Sources: Stock Purchase Agreement (Indenet Inc), Agreement and Plan of Reorganization (Tut Systems Inc), Agreement and Plan of Reorganization (Intraware Inc)
Effect of Transaction. (i) The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 6 contracts
Sources: Merger Agreement (Keravision Inc /Ca/), Agreement and Plan of Reorganization (Goto Com Inc), Agreement and Plan of Reorganization (Transcend Therapeutics Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits or be deemed a “parachute payment” under Section 280G of the Code with respect to any Employee.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Union Street Acquisition Corp.), Merger Agreement (Nanometrics Inc), Merger Agreement (Key Hospitality Acquisition CORP)
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 4 contracts
Sources: Merger Agreement (Looksmart LTD), Agreement and Plan of Reorganization (Tut Systems Inc), Agreement and Plan of Reorganization (Flycast Communications Corp)
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 3 contracts
Sources: Share Purchase Agreement (Carsdirect Com Inc), Merger Agreement (Krooss John), Merger Agreement (Lantronix)
Effect of Transaction. The Neither the execution and delivery of this Agreement and nor the consummation of the transactions contemplated hereby will not shall: (either alone i) result in the acceleration of the time of payment or upon the occurrence vesting or creation of any additional rights of any current or subsequent events) constitute an event former employee, manager, director or consultant to compensation or benefits under any Employee PlanCompany Plan or otherwise, Employee Agreement, trust or loan that will or may (ii) result in any payment (whether becoming due, or increase the amount of severance pay or otherwise)any compensation due, acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeecurrent or former employee, manager, director or consultant of the Company, or (iii) increase any benefits otherwise payable under any Company Plan.
Appears in 3 contracts
Sources: Purchase Agreement (Oncobiologics, Inc.), Exchange Agreement (Oncobiologics, Inc.), Purchase Agreement (Oncobiologics, Inc.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee AgreementCompany Employment Contract, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Company Employee.
Appears in 3 contracts
Sources: Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as set forth in Schedule 3.18(h) hereto.
Appears in 2 contracts
Sources: Merger Agreement (Activision Inc /Ny), Merger Agreement (Activision Inc /Ny)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, other than pursuant to the Equity Sharing Plan and except as set forth in Schedule 3.18(h) hereto.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Activision Inc /Ny)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby Transactions will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan Company Benefit Plan that will or may result in any material payment (whether of severance pay or otherwise), accelerationacceleration of payment, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Citadel Broadcasting Corp), Merger Agreement (Cumulus Media Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Parent Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Serviceware Technologies Inc/ Pa), Agreement and Plan of Merger (Serviceware Technologies Inc/ Pa)
Effect of Transaction. The execution of this Agreement and the consummation of the Merger and other transactions contemplated hereby herein will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in or entitle any payment (whether of severance pay or otherwise)Person to any payment, acceleration, forgiveness of indebtedness, vesting, distribution, increase in compensation or benefits or obligation to fund benefits with respect to any Employeebenefits.
Appears in 2 contracts
Sources: Merger Agreement (E2open Inc), Agreement and Plan of Reorganization (Twitter, Inc.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Xicor Inc), Agreement and Plan of Reorganization (Va Linux Systems Inc)
Effect of Transaction. The Except as expressly contemplated by this --------------------- Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Parent Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Parent Employee.
Appears in 2 contracts
Sources: Merger Agreement (Verisign Inc/Ca), Merger Agreement (Verisign Inc/Ca)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event event, under any TEAM Employee Plan, Employee Agreement, trust or loan loan, that will or may result in any material payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vestingextension of the exercise period, posting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Team America Inc), Merger Agreement (Vsource Inc)
Effect of Transaction. The Except as expressly contemplated by this Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Business Employee.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Neoforma Inc), Asset Purchase Agreement (I Many Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits or be deemed a “parachute payment” under Section 280G of the Code with respect to any Employee.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Union Street Acquisition Corp.), Membership Interest Purchase Agreement (Union Street Acquisition Corp.)
Effect of Transaction. The Except as expressly contemplated by this --------------------- Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Verisign Inc/Ca), Merger Agreement (Verisign Inc/Ca)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as set forth in Schedule 4.19(h) of the Expert Disclosure Letter.
Appears in 2 contracts
Sources: Merger Agreement (Expert Software Inc), Agreement and Plan of Merger (Expert Software Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any CKS Employee Plan, Employee Agreementtrust, trust loan or loan other arrangements that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any CKS Employee.
Appears in 2 contracts
Sources: Merger Agreement (CKS Group Inc), Agreement and Plan of Reorganization (Usweb Corp)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby Merger will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, exercisability, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as may be required by Section 5.8 of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Yahoo Inc), Merger Agreement (Overture Services Inc)
Effect of Transaction. The execution of this Agreement --------------------- and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Talarian Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Talarian Corp), Merger Agreement (Tibco Software Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any CSERV Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Amazing Technologies Corp.), Stock Purchase Agreement (Amazing Technologies Corp.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Vsource Employee Plan, Employee Agreement, trust or loan that will or may result in any material payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vestingextension of the exercise period, posting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Merger Agreement (Team America Inc), Merger Agreement (Vsource Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 2 contracts
Sources: Share Acquisition Agreement (New Era of Networks Inc), Share Acquisition Agreement (New Era of Networks Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, other than the vesting of Company Options as contemplated hereunder.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (FOTV Media Networks Inc.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby Transactions will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will -32- 39 or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeeemployee of MP.
Appears in 1 contract
Effect of Transaction. (1) The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Company Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Company Employee.
Appears in 1 contract
Sources: Series B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any FAS Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby by this Agreement will not (not, either alone or upon in combination with another related event, (i) entitle any current or former employee, officer or director of the occurrence Company to severance pay, unemployment compensation or any other payment, or (ii) accelerate the time of any additional payment or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distributionor increase the amount of compensation due any such employee, increase in benefits officer or obligation to fund benefits with respect to any Employeedirector.
Appears in 1 contract
Sources: Stock Purchase Agreement (Usec Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits or be deemed a “parachute payment” under Section 280G of the Code with respect to any Employee, .
Appears in 1 contract
Sources: Merger Agreement (Services Acquisition Corp. International)
Effect of Transaction. The Except as otherwise expressly contemplated hereby, the execution of this Agreement of, and the consummation performance of the transactions contemplated hereby in, this Agreement will not (either alone or upon the occurrence of any additional or subsequent eventsi) constitute an event under any Employee Company Benefit Plan, Employee Employment Agreement, trust or loan that will or may result in any additional payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.forgiveness
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Purchaser Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 1 contract
Sources: Merger Agreement (Ondisplay Inc)
Effect of Transaction. The Except for the effects of the Noncompetition Addendum, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Street Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Homestore Com Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Partnership Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby herein will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan Plan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeeemployee of the Business, other than those which the Sagicor Parties shall satisfy at Closing.
Appears in 1 contract
Sources: Share Exchange Implementation Agreement (Playa Hotels & Resorts N.V.)
Effect of Transaction. The Neither the execution of this Agreement and nor the consummation of the transactions contemplated hereby Transactions will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan Plan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits benefits, or obligation to fund benefits with respect to any EmployeeEmployee or other Person.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation performance of the transactions contemplated hereby by this Agreement will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust Plan or loan agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness vesting or increase of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeeemployee, former employee, independent contractor or former independent contractor, officer, director or agent of any of the Companies or any ERISA Affiliate.
Appears in 1 contract
Sources: Asset Purchase Agreement (Semx Corp)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any First Chance Employee Plan, Employee Plan or Agreement, trust trust, loan or loan other arrangements that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any First Chance Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Revenge Marine Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as set forth in Schedule 2.18(h) hereto.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 1 contract
Sources: Recapitalization and Exchange Offer Agreement (Internet Capital Group Inc)
Effect of Transaction. The Except as set forth on Exhibit 5.01(o)(v) annexed hereto, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of when taken together with any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan Plan that will or may result in any payment (payment, upon a change in control or otherwise, whether of severance pay severance, accrued vacations or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.. No
Appears in 1 contract
Effect of Transaction. The Except as expressly contemplated by this Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. (i) The execution of this Agreement and the consummation of the transactions contemplated hereby herein will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Anergen Employee Plan, Employee Agreement, trust or loan that will or may result in any material payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The Except as expressly contemplated by this Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby and by the Ancillary Agreements will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Purchase Agreement (Verisign Inc/Ca)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent eventsevent) constitute an event of default under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by or disclosed in this Agreement.
Appears in 1 contract
Effect of Transaction. The Except as provided in Section 1.6 of this Agreement, the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of in connection with any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may could reasonably be expected to result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeebenefits.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, except as expressly required by this Agreement.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Centillium Communications Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vestingstock option or restricted stock vesting acceleration, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Walt Disney Co/)
Effect of Transaction. The execution of this Agreement and the Related Agreements and the consummation of the transactions contemplated hereby in this Agreement and the Related Agreements will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust trust, loan or loan Law that will or may result in any payment (whether of severance pay pay, bonus or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in compensation, increase in benefits or obligation to fund benefits with respect to any Current Employee.
Appears in 1 contract
Effect of Transaction. The Neither the execution of this Agreement and nor the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan Plan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any EmployeeEmployee or other Person.
Appears in 1 contract
Sources: Stock Purchase Agreement (Aratana Therapeutics, Inc.)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any material payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeeofficer or employee of the Company.
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (Edwards J D & Co)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, Plan trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeecurrent or former employee, director or consultant.
Appears in 1 contract
Sources: Merger Agreement (New Focus Inc)
Effect of Transaction. The (i) Except as set forth on Schedule 3.11(i), the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Linfinity Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Microsemi Corp)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any GNN Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any EmployeeEmployee (except as waived as set forth in Section 3.6(b)).
Appears in 1 contract
Sources: Merger Agreement (Healtheon Corp)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby by this Agreement will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Merger Agreement (Inktomi Corp)
Effect of Transaction. The Except as set forth on Schedule 2.20(i), the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any ONElist Employee Plan, ONElist Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any ONElist Employee.
Appears in 1 contract
Effect of Transaction. The Neither the execution of this Agreement and nor the consummation of the transactions contemplated hereby by this Agreement will not (either alone or upon the occurrence of any additional in combination with another event, whether contingent or subsequent eventsotherwise): (i) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any compensatory payment or benefit becoming due, or increase the amount of any such payment or benefit, to any Service Provider; or (whether ii) result in the acceleration of severance pay or otherwise)the time of payment, accelerationfunding, forgiveness of indebtedness, vesting, distribution, increase in indebtedness or vesting of any payment or benefits or obligation to fund benefits with respect to any EmployeeService Provider.
Appears in 1 contract
Sources: Merger Agreement (Couchbase, Inc.)
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Ibeam Broadcasting Corp)
Effect of Transaction. The Except as set forth in Schedule 4.18(i), the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Stock Acquisition and Exchange Agreement (Pinnacle Systems Inc)
Effect of Transaction. The Except as set forth on Schedule 4.12(g), the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Buyer Employee Plan, Employee Employment Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Buyer Employee.
Appears in 1 contract
Sources: Asset Purchase Agreement (Interwave Communications International LTD)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any HBF Employee Plan, Plan or Employee Agreement, trust or loan Agreement that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The Except as provided for in this Agreement and required under applicable Law, the execution of this Agreement and the consummation of the Merger and the other transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance severance, retention or change of control pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits benefits, or obligation to fund benefits with respect to any Employeebenefits.
Appears in 1 contract
Effect of Transaction. The Except as expressly contemplated by this Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Parent Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Parent Employee.
Appears in 1 contract
Effect of Transaction. The execution and delivery of this Agreement and the Collateral Agreements and the consummation of the Acquisition and the other transactions contemplated hereby will and thereby does not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee PlanContract, Employee Agreementtrust, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, material increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The Except as provided in Section 2.6 of this Agreement, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the --------------------- consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwiseother-wise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee, other than as provided elsewhere for the Employment Termination Agreements.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (American Business Information Inc /De)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Subsidiary Plan, Employee Agreement, trust or loan loan, in each case that is currently in effect, that will or may is reasonably likely to result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Effect of Transaction. The Except as required by the Code, or as provided in the Company Option Plan, the execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan that will or may result in any payment (whether of severance pay or otherwise), acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (New Era of Networks Inc)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Employee Plan, Employee Agreement, trust or loan Company Benefit Plan that will or may result in any payment (whether of severance pay or otherwise), accelerationacceleration of payment, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employee.
Appears in 1 contract
Sources: Stock Purchase and Option Agreement (Transax International LTD)
Effect of Transaction. The execution of this Agreement and the consummation of the transactions contemplated hereby herein will not (either alone or upon the occurrence of any additional or subsequent events) constitute an event under any Company Employee Plan, Employee Agreement, trust or loan Plan that will or may result in any payment (whether of severance pay or otherwise)payment, acceleration, forgiveness of indebtedness, vesting, distribution, increase in benefits or obligation to fund benefits with respect to any Employeebenefits, other than as required by law.
Appears in 1 contract
Sources: Merger Agreement (Cafepress Inc.)