Successors. This Agreement shall bind 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 Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the Corporation would be required to perform if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and personal representatives.

Successors. This Agreement shall bind 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 Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the Corporation would be required to perform if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirsheirs, and personal representatives.

Successors. This Agreement shall bindbe binding upon and inure to the benefit of the Executive and the Executive’s estate, and the Corporation and any successor of the Corporation, but neither this Agreement nor any rights arising hereunder may be assigned or pledged by the Executive. The Corporation shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of theits business and/or assets of the Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume expressly and agree to perform the obligations of the Corporation under this Agreement,Agreement in the same manner and to the same extent that the Corporation would be required to perform it if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and personal representatives.

Successors. This Agreement shall bindbe binding upon and inure to the benefit of the Executive and the Executive’s estate, and the Corporation and any successor of the Corporation, but neither this Agreement nor any rights arising hereunder may be assigned or pledged by the Executive. The Corporation shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of theits business and/or assets of the Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume expressly and agree to perform the obligations of the Corporation under this Agreement,Agreement in the same manner and to the same extent that the Corporation would be required to perform it if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and personal representatives.

Successors. This Agreement shall bindThe Company 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 Corporation,Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the CorporationCompany would be required to perform it if no such succession had taken place. This Agreement may not be assigned by Executive but shall inureFailure of the Company to obtain such assumption agreement prior to the benefiteffectiveness of Executive, his heirsany such succession shall entitle Executive to the benefits described in [Section 9(a)(i)] of this Agreement, subject to the terms and personal representatives.conditions therein.

Successors. ThisExcept as provided in [Section 7.6(a)], all of the terms and provisions of this Agreement shall bindbe binding upon, and shall inure to the benefit of and be enforceable by, the Parties and their respective successors, permitted assigns, heirs, executors, administrators and legal representatives. The Corporation shall require and cause any successor (whether direct or indirect,indirect successor (whether by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successorwritten agreement, expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement,Agreement in the same manner and to the same extent that the Corporation would be required to perform if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and personal representatives.

Successors and Assigns. The rights of the Company under this Agreement shall bindmay, without the consent of Executive, be assigned by the Company, in its sole and unfettered discretion, to any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly, acquires all or substantially all of the assets or business of the Company. The Company will require any successor (whether direct or indirect, by purchase, merger, consolidationmerger or otherwise) to all or substantially all of the business and/or assets of the Corporation,Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the CorporationCompany would be required to perform it if no such succession had taken place.place; provided, however, that no such assumption shall relieve the Company of its obligations hereunder; provided, further, that the failure of any such successor to so assume this Agreement shall constitute a material breach of this Agreement. Executive shall not sell, transfer, assign, pledge, or hypothecate any of Executive’s rights or obligations under this Agreement, as applicable. Executive shall not borrow against Executive’s interest in this Agreement. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and be enforceable by Executive’s personal representatives.or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees.

Successors and Assigns. This Agreement shall bindinure to the benefit of and shall be binding upon the successors and assigns of the Corporation, including any successor (whether directparty with which the Corporation may merge or indirect,consolidate or to which it may transfer substantially all of its assets. As used in this Agreement, the term “successor” shall include any person, firm, corporation or other business entity which at any time, whether by purchase, merger, consolidationpurchase or otherwise) tootherwise, acquires all or substantially all of the business and/capital stock or assets of the Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement 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 Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the Corporation would be required to perform if no such succession had taken place. This Agreement may not be assigned by Executive but shall inure to the benefit of Executive, his heirs and personal representatives.Corporation.

Assignment and Successors. ThisThe Company shall assign its rights and obligations under this Agreement shall bindto any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or the assets of the Corporation, in the same manner and to the same extent that the Corporation would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not, by the foregoing provisionCompany (by merger or by operation of law, be bound by this Agreement, the Corporation shall require such successor expressly and unconditionally to assume and agree to perform the obligations of the Corporation under this Agreement, in the same manner and to the same extent that the Corporation would be required to perform if no such succession had taken place.otherwise). This Agreement may notshall be assigned by Executive but shallbinding upon and inure to the benefit of the Company, Executive, his heirs and personal representatives.their respective successors, assigns, personnel, and legal representatives, executors, administrators, heirs, distributees, devisees, and legatees, as applicable. None of Executive’s rights or obligations may be assigned or transferred by Executive, other than Executive’s rights to payments hereunder, which may be transferred only by will, operation of law, or as otherwise provided herein.

Successor to the Company. This Agreement shall bind any successor of the Company, its assets or its businesses (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Corporation,, in the same manner and to the same extent that the CorporationCompany would be obligated under this Agreement if no succession had taken place. In the case of any transaction in which a successor would not,not by the foregoing provision or by operation of law,law be bound by this Agreement, the CorporationCompany shall require such successor expressly and unconditionally to assume and agree to perform the Company’s obligations of the Corporation under this Agreement, in the same manner and to the same extent that the CorporationCompany would be required to perform if no such succession had taken place. This Agreement may not be assigned by Executive butThe term “Company,” as used in this Agreement, shall inuremean the Company as hereinbefore defined and any successor or assignee to the benefit of Executive, his heirs and personal representatives.business or assets which by reason hereof becomes bound by this Agreement.