Common use of Assignment; Binding Effect Clause in Contracts

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement by operation of law or otherwise the parties hereto without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidparties, except that for assignments by Merger Sub to a wholly-owned direct or indirect Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement by operation of law or otherwise the parties hereto without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidparties, except that for assignments by Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement Sub to Parent or any a wholly owned subsidiary direct or indirect Subsidiary of Parent. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties party to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement hereto (whether by operation of law Law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidparty; provided, except that Merger Subsidiary Parent may assign any or all of its respective rights, interests and interest or obligations under this Agreement to Parent any direct or any wholly owned subsidiary indirect Subsidiary of Parent. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective heirs, successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidparties, except that Merger Subsidiary Parent may assign this Agreement or any or all of its their rights, interests and obligations under this hereunder to any affiliate of Parent without the consent of the Shareholders. This Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidthe Company, except that Merger Subsidiary Parent may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary (in whole but not in part) in connection with a permitted assignment of the Merger Agreement by Parent, as applicable. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under obligations in this Agreement may shall be assigned by any party to this Agreement (other than by operation of law as a result of a merger or otherwise similar transaction) by any of the Parties without the prior written consent of the other parties to this Parties. This Agreement shall be binding upon and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures shall inure to the benefit of and is enforceable by the parties to this Agreement Parties and their respective successors and and, subject to the preceding sentence, assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidparties, except that Merger Subsidiary Parent may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary (in whole but not in part) in connection with a permitted assignment of the Merger Agreement by Parent, as applicable. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law Law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parentparties. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and assignspermitted assigns and, in the case of each Shareholder or each Beneficial Owner, his, her or its estate, heirs, beneficiaries, personal representatives and executors.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation obligations under this Agreement may shall be assigned by any party to this Agreement assigned, in whole or in part, by operation of law or otherwise otherwise, by any of the parties without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all Agreement. Any purported assignment in violation of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is void. This Agreement will be binding upon, inures inure to the benefit of and is be enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law Law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns; provided, however, that neither this Agreement nor any right, interest right or obligation under this Agreement hereunder may be assigned or transferred by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidothers, except that Merger Subsidiary Purchaser may assign its rights hereunder and/or delegate its obligations hereunder to any or all other Affiliate of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assignsso long as Parent remains liable hereunder.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties party to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns. Notwithstanding the foregoing, either Purchaser may assign any or all of its rights and obligations under this Agreement to any of its Affiliates.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement Agreement, by operation of law or otherwise otherwise, without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidAgreement, except that Merger Subsidiary Purchaser may assign its rights hereunder to any direct or all of its rights, interests and obligations under this Agreement to Parent or any indirect wholly owned subsidiary of Parentsubsidiary. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party Party to this Agreement by operation of law or otherwise without the prior written consent of the other parties Party to this Agreement and any attempt to do so will be void; provided, except that Merger Subsidiary however, Purchaser may assign to any or all Affiliate without consent of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of ParentSeller. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties Parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this (a) This Agreement may not be assigned by any party to this Agreement by operation of law Party, in whole or otherwise in part, without the prior written consent of the other parties to Parties; provided, however, that the General Partner and any Partnership Group Member may make a collateral assignment of this Agreement solely to secure financing for the Partnership Group. No assignment hereunder by any Party shall relieve such Party of any obligations and any attempt to do so will responsibilities hereunder. This Agreement shall be void, except that Merger Subsidiary may assign any or all of its rights, interests binding upon and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures inure to the benefit of the Parties and, to the extent permitted by this Agreement, their successors, legal representatives and is enforceable by the parties to this Agreement and their respective successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law Law or otherwise otherwise) without the prior written consent of the other parties to this parties. This Agreement shall be binding upon and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and permitted assigns. Parent shall cause Merger Sub, and any permitted assignee thereof, to perform its obligations under this Agreement and shall be responsible for any failure of Merger Sub or such assignee to comply with any representation, warranty, covenant or other provision of this Agreement.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party Party to this Agreement by operation of law (other than, in the case of an individual Stockholder, as a result of death) or otherwise without the prior written consent of the other parties Parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties Parties to this Agreement and their respective heirs, executors, personal representatives, successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party Party to this Agreement by operation of law or otherwise without the prior written consent of the other parties Party to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties Parties to this Agreement and their respective successors and assigns. Purchaser may assign any or all of its rights and obligations under this Agreement to any of its Affiliates.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be void; provided, except that Merger Subsidiary however, C&C may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary AFN in connection with the consummation of Parentthe Merger without the prior written consent of DGC. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party of the parties hereto (whether pursuant to this Agreement a merger, by operation of law or otherwise without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidotherwise), except that Parent and Merger Subsidiary Sub may assign all or any of their rights and obligations hereunder to any affiliate of Parent, provided that no such assignment shall relieve Parent or all Merger Sub of its rights, interests respective obligations hereunder. This Agreement shall be binding upon and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the -------------------------- rights, interest interests or obligation obligations under this Agreement may shall be assigned by any party to this Agreement assigned, in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties to this Agreement and any attempt to do so will party; provided, however, that no such consent shall be voidrequired in the event of a merger, except that Merger Subsidiary may assign any consolidation or all sale of its rights, interests and obligations under this Agreement to Parent either Distributing or any wholly owned subsidiary of ParentControlled. Subject to the foregoingpreceding sentence, this Agreement is shall be binding uponon, inures and shall inure to the benefit of of, and is be enforceable by by, the parties to this Agreement hereto and their respective successors and assigns.

Assignment; Binding Effect. Neither Except as otherwise expressly provided; this Agreement, neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement Agreement, by operation of law or otherwise otherwise, without the prior written consent of the other parties to this Agreement and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law Law or otherwise without the prior written consent of the other parties party to this Agreement and any attempt to do so will shall be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement and their respective successors and assigns.

Assignment; Binding Effect. Neither this Agreement nor any rightof the rights, interest interests or obligation under this Agreement may obligations hereunder shall be assigned by any party to this Agreement of the parties hereto (whether by operation of law Law or otherwise otherwise) without the prior written consent of the other parties to this Agreement and any attempt to do so will be voidthe Company, except that Merger Subsidiary Parent may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary (in whole but not in part) in connection with a permitted assignment of the Merger Agreement by Parent, as applicable. Subject to the foregoingpreceding sentence, this Agreement is shall be binding upon, inures upon and shall inure to the benefit of and is enforceable by the parties to this Agreement hereto and their respective successors and permitted assigns.

Assignment; Binding Effect. Neither this Agreement nor any right, interest or obligation under this Agreement may be assigned by any party to this Agreement Party by operation of law or otherwise without the prior written consent of the other parties to this Agreement Party and any attempt to do so will be void; provided, except however, that Merger Subsidiary Purchaser may assign to any or all Affiliate without consent of Seller; provided, further, that no such assignment shall relieve Purchaser of any of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parenthereunder. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement Parties and their respective successors and assigns.

Assignment; Binding Effect. Neither None of this Agreement nor or any right, interest or obligation under this Agreement may be assigned by any party to this Agreement by operation of law or otherwise without the prior written consent of the other parties party to this Agreement Agreement, and any attempt to do so will be void, except that Merger Subsidiary may assign any or all of its rights, interests and obligations under this Agreement to Parent or any wholly owned subsidiary of Parent. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties to this Agreement Parties and their respective successors successors, heirs, legal representatives and permitted assigns.