Amendment; Binding Effect; Assignment Clause Samples

Amendment; Binding Effect; Assignment. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, heirs, executors and administrators. Reseller may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of nFront, and any such attempted assignment shall be void.

Amendment; Binding Effect; Assignment. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors (including, without limitation, successors by merger) and permitted assigns. Customer may not assign this Agreement in whole or in part without the prior written consent of First Metro Bank. Any attempted assignment in violation of this Section shall be void and of no effect.

Amendment; Binding Effect; Assignment. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors (including without limitation successors merger) and permitted assigns. nFront may freely assign this Agreement in conjunction with (i) a sale of all or substantially all of its assets, or (ii) a merger or similar transaction. Bank may not assign this Agreement in whole or in part, or any of its rights or obligations hereunder without the prior written consent of nFront. Notwithstanding the foregoing, Bank may assign this Agreement in conjunction with a sale of all or substantially all of its assets or in conjunction with a merger if the successor entity agrees in writing (i) to be bound by the terms of this Agreement (including without limitation the exclusivity requirements of Section 2.2) and (ii) that the Bank (or the successor entity) will continue to process Bank's customers on the System for the remainder of the Term. nFront shall not unreasonably withhold or delay its consent to such an assignment. Any attempted assignment in violation of this Section shall be void and of no effect.

Amendment; Binding Effect; Assignment i. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by an authorized representative of all Parties hereto. For purposes of the preceding sentence, emails, including emails that bear an electronic “signature block” identifying the sender, do not constitute signed writings. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the Parties and their respective successors (including, without limitation, successors by merger) and permitted assigns. Customer and Communicorp each acknowledge that it has had the opportunity to review this Agreement with its legal counsel. ii. This Agreement and the obligations of Customer hereunder are personal to Customer and its staff. Neither Customer nor any successor, receiver, or assignee of Customer will directly or indirectly delegate or assign this Agreement or the rights or duties created by this Agreement, whether such assignment is effected in connection with a sale of Customer’s assets or stock or through merger, an insolvency proceeding, by operation of law or otherwise, without the prior written consent of Communicorp, which shall not unreasonably be withheld or delayed. Any purported delegation or assignment in violation of this Section will be void. Communicorp may, without Customer’s consent, delegate or assign any and all of its rights and obligations under this Agreement to: (a) Communicorp’s parent company; (b) any affiliate of Communicorp or Communicorp’s parent company; or, (c) any company that succeeds to substantially all of Aflac's business. For purposes of this Agreement, "Affiliate" means, with respect to a party at the time of determination, any other person or entity which, whether directly or indirectly, Controls, is Controlled by or is under common Control with such party, as the case may be. For the purpose of this definition, "Control" means the ownership, directly or indirectly, of more than fifty percent (50%) of the voting shares of an entity, or otherwise the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity.

Amendment; Binding Effect; Assignment. No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, heirs, executors and administrators. Neither party may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of nFront, and any such attempted assignment shall be void. Notwithstanding the foregoing, nFront may freely and without the consent of BancTec assign this agreement in connection with the sale of all or substantially all of its assets or a merger or similar amalgamation.

Amendment; Binding Effect; Assignment. (a) No amendment, modification or alteration of the terms of this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors (including without limitation successors by merger) and permitted assigns. (b) Except as provided below, neither party may assign this Agreement in whole or in part without the prior written consent of the other party. Either party may freely assign this Agreement in conjunction with (i) a sale of all or substantially all of its assets, or (ii) a merger or similar transaction; provided that the acquiring or resulting entity agree in writing to be bound by the terms of this Agreement. (c) Neither party shall unreasonably withhold or delay its consent to a requested an assignment by the other party. Any attempted assignment in violation of this Section shall be void and of no effect.