Common use of Assignment; Beneficiaries Clause in Contracts

Assignment; Beneficiaries. This Agreement and the rights and obligations hereunder shall be binding solely upon and inure solely to the benefit of the parties hereto, their respective successors and permitted assigns, but this Agreement shall not be assignable by either party hereto without the express written consent of the other party hereto, which consent will not be unreasonably withheld. Other than as explicitly set forth herein or in the Transition Services Agreement, nothing contained herein is 1 This section to be modified to reflect the relationship under applicable local law in the Territory. intended to confer upon any Person, other than the parties to this Agreement and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. The parties hereto agree that irreparable damage may occur and that the parties hereto may not have any adequate remedy at law if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which any party is entitled at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (LVB Acquisition, Inc.), Asset Purchase Agreement (Biomet Inc)

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Assignment; Beneficiaries. This Agreement and the rights and obligations hereunder shall be binding solely upon and inure solely to the benefit of the parties hereto, their respective successors and permitted assigns, but this Agreement shall not be assignable by either party hereto without the express written consent of the other party hereto, which consent will not be unreasonably withheld. Other than as explicitly set forth herein or in the Transition Services Agreement, nothing contained herein is 1 This section to be modified to reflect the relationship under applicable local law in the Territory. intended to confer upon any Person, other than the parties to this Agreement and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. The parties hereto agree that irreparable damage may occur and that the parties hereto may not have any adequate remedy at law if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which any party is entitled at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Biomet Inc), Asset Purchase Agreement (LVB Acquisition, Inc.)

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Assignment; Beneficiaries. This Agreement and the rights and obligations hereunder shall be binding solely upon and inure solely to the benefit of the parties hereto, their respective successors and permitted assigns, but but, except as provided in Sections 2.01(d) and 4.04, this Agreement shall not be assignable by either party hereto without the express written consent of the other party hereto, which consent will not be unreasonably withheld. Other than as explicitly set forth herein or herein, including in the Transition Services AgreementArticle IX, nothing contained herein is 1 This section to be modified to reflect the relationship under applicable local law in the Territory. intended to confer upon any Person, other than the parties to this Agreement and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. The parties hereto agree that irreparable damage may occur and that the parties hereto may not have any adequate remedy at law if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which any party is entitled at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (LVB Acquisition, Inc.), Asset Purchase Agreement (Biomet Inc)

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