Binding Effect This Plan is binding on the Company and will bind with equal force any successor of the Company, whether by way of purchase, merger, consolidation or otherwise

Binding Effect ThisEffect. The terms of the Plan isshall be binding onupon the Company and willits successors and assigns and the Participants and their legal representatives, and shall bind with equal force any successor of the Company, whetherCompany (whether direct or indirect, by way of purchase, merger, consolidation or otherwiseotherwise), in the same manner and to the same extent that the Company would be obligated under this Plan if no succession had taken place. In the case of any transaction in which a successor would not by the foregoing provision or by operation of law be bound by this Plan, the Company shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations hereunder, in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place.