Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of law or otherwise) by any party hereto except with the prior written consent of the other parties hereto.
(b) This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns.
Assignment and Parties in Interest. This Agreement shall inure to the benefit of and be binding upon the parties named herein and their respective successors and assigns; provided, however, Employee may not assign any of his rights or obligations hereunder. Further, the Company will not consolidate or merge into or with another corporation, or transfer all or substantially all of its assets to another corporation or entity or person, unless such shall assume and be able to satisfy all the duties and obligations of the Company under this Agreement.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of law or otherwise) by any party hereto, other than to an Affiliate of such party, without the prior written consent of the other parties hereto.
(b) This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns; provided, however, that (i) the rights set forth in Article II hereof shall inure to the benefit of a Permitted Transferee; and (ii) the provisions of this Agreement shall be binding on any Permitted Transferee.
Assignment and Parties in Interest. (a) Except as provided in Section 4.1(c), neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of law or otherwise) by any party hereto except with the prior written consent of the other parties hereto.
(b) This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns; provided, however, that (i) the rights set forth in Article II hereof shall not inure to the benefit of any transferee (other than a Permitted Transferee) without the prior written consent of each Restricted Stockholder (other than the Transferor) and (ii) the provisions of this Agreement shall not be binding on any Transferee of Restricted Securities except as set forth in Sections 4.1(c) and 4.2.
Assignment and Parties in Interest. This Agreement may not be assigned by any party without the advance written consent of the other party hereto. All terms of this Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the respective successors and permitted assigns of the Director and the Lender.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of law or otherwise) by either party hereto except with the prior written consent of the other party hereto, provided, however, that (i) prior to or after the Closing, Purchaser may assign all of its rights hereunder to any Affiliate of Purchaser and to any party providing financing in connection with the transactions contemplated hereby for collateral security purposes, provided that no such assignment shall relieve Purchaser of its obligations hereunder, (ii) after the Closing, Seller may assign all of its rights hereunder to any Affiliate of Seller, provided that no such assignment shall relieve Seller of its obligations hereunder, (iii) after the Closing, Seller may assign all of its rights and obligations hereunder to any Affiliate of Seller by way of a merger with such Affiliate, (iv) Purchaser (or the assignee pursuant to clause (i)) has a one-time right to assign all of its rights hereunder to any other Person which acquires all or substantially all of the assets of, or equity interest in, the Company and (iv) Seller (or the assignee pursuant to clause (ii) or (iii)) has a one-time right to assign all of its rights hereunder to any other Person which acquires all or substantially all of the assets of, or equity interests in, Seller (or such assignee).
(b) Except as provided in Article IX, this Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of either party hereunder may be transferred or assigned (by operation of law or otherwise) by either party except with the prior written consent of the other party hereto.
(b) Notwithstanding any provision of this Agreement to the contrary, Foamex and Trace Foam hereby acknowledge and agree that (i) each of Foamex and Trace Foam may collaterally assign its rights, title and interest to any payments under this Agreement to any of its creditors and (ii) upon receipt of written notice from any such creditor that an "Event of Default" has occurred, Foamex or Trace Foam, as the case may be, will tender any payments due under this Agreement to such creditor in accordance with the instructions set forth in such notice; provided, however, in the event that such party tenders payment to Foamex or Trace Foam, as the case may be, such payment shall be a complete discharge of such party's obligation to such creditor for such payment and such party shall thereafter have no further liability to such creditor with respect to such payment.
(c) Except as provided in Article VII, this Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of Law or otherwise) by either party hereto except with the prior written consent of the other party hereto, provided, however, that (i) prior to or after the Closing, Purchaser may assign all of its rights hereunder to any Affiliate of Purchaser, provided that no such assignment will relieve Purchaser of its obligations hereunder unless such assignment is made at Closing and provided further that such assignment shall not hinder, delay or prevent the Closing, and (ii) Purchaser has a one-time right to assign all of its rights hereunder to any other Person which acquires all or substantially all of the Acquired Assets.
(b) Except as provided in Article XIII, this Agreement (including, without limitation, Article XII) shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns. Business Employees are not third party beneficiaries of this Agreement.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated by Seller or Purchaser except with the prior written consent of Seller or Purchaser, as applicable; provided, however, that prior to or after the Closing, Purchaser may assign all of its rights hereunder to any Affiliate of Purchaser, provided that no such assignment shall relieve Purchaser of its obligations hereunder.
(b) This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns.
Assignment and Parties in Interest. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be assigned or delegated (by operation of law or otherwise) by any party hereto, other than to an Affiliate of such party, without the prior written consent of the other parties hereto.
(b) Other than as set forth below, this Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns; provided, however, that (i) the rights set forth in Article II hereof shall not inure to the benefit of any Transferee (other than a Permitted Transferee) without the prior written consent of each Restricted Stockholder (other than the Transferor), (ii) the provisions of this Agreement shall not be binding on any Transferee other than a Permitted Transferee of Restricted Securities or shares of Common Stock of the Company, as the case may be, and (iii) JPMP and AON are intended third party beneficiaries of Sections 3.2, 3.5 and Article VI.
