Common use of Assignment; Binding on Successors Clause in Contracts

Assignment; Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective representatives, successors and assigns; provided, however, that Buyer shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow or to appoint a nominee to act as Buyer under this Agreement without obtaining the prior written consent of Seller, which consent may be given or withheld in the sole and absolute discretion of Seller; provided, however, that without in any way relieving Buyer of any of its duties, covenants or obligations hereunder, upon written notice to Seller given not less than ten (10) business days prior to the scheduled Closing Date, Buyer may, without the consent of Seller, either (a) assign its rights and obligations hereunder with respect to the Property to one or more Affiliates of Buyer or Xxx Xxxx, an individual, or (b) appoint one or more Affiliates of Buyer or Xxx Xxxx as a nominee to take title to the Property or any portion thereof; provided, however, that any such (i) assignment shall be pursuant to a written assignment and assumption agreement reasonably satisfactory to Seller and (ii) any such Affiliate-assignee or nominee shall join in the execution and delivery of the Release of Claims at Closing with Buyer. Any attempted assignment in violation of this provision shall be null and void. By Buyer’s execution and delivery hereof, Buyer hereby appoints the Person identified on Exhibit G attached hereto as its nominee to take title to the Property.

Assignment; Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller Sellers and their respective representatives, successors and assigns; provided, however, that Buyer shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow or to appoint a nominee to act as Buyer under this Agreement without obtaining the prior written consent of SellerSellers, which consent may be given or withheld in the sole and absolute discretion of Seller; provided, however, that without in any way relieving Buyer of any of its duties, covenants or obligations hereunder, upon written notice to Seller Sellers given not less than ten (10) business days prior to the scheduled Closing Date, Buyer may, without the consent of SellerSellers, either (a) assign its rights and obligations hereunder with respect to the any Property to one or more Affiliates of Buyer or Xxx Xxxx, an individual, or (b) appoint one or more Affiliates of Buyer or Xxx Xxxx as a nominee to take title to the any Property or any portion thereof; provided, however, that any such (i) assignment shall be pursuant to a written assignment and assumption agreement reasonably satisfactory to Seller Sellers and (ii) any such Affiliate-assignee or nominee shall join in the execution and delivery of the Release of Claims at Closing with Buyer. Any attempted assignment in violation of this provision shall be null and void. By Buyer’s execution and delivery hereof, Buyer hereby appoints the Person each of those Persons identified on Exhibit G attached hereto as its nominee to take title to the Propertyrespective Property listed opposite the name of such nominee.

Assignment; Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective representatives, successors and assigns; provided, however, that Buyer shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow or to appoint a nominee to act as Buyer under this Agreement without obtaining the prior written consent of Seller, which consent may be given or withheld in the sole and absolute discretion of Seller; provided, however, that without in any way relieving Buyer of any of its duties, covenants or obligations hereunder, upon written notice to Seller given not less than ten (10) business days prior to the scheduled Closing Date, Buyer may, without the consent of Seller, either (a) assign its rights and obligations hereunder with respect to the any Property to one or more Affiliates of Buyer or Xxx Xxxx, an individual, or (b) appoint one or more Affiliates of Buyer or Xxx Xxxx as a nominee to take title to the any Property or any portion thereof; provided, however, that any such (i) assignment shall be pursuant to a written assignment and assumption agreement reasonably satisfactory to Seller and (ii) any such Affiliate-assignee or nominee shall join in the execution and delivery of the Release of Claims at Closing with Buyer. Any attempted assignment in violation of this provision shall be null and void. By Buyer’s execution and delivery hereof, Buyer hereby appoints the Person each of those Persons identified on Exhibit G attached hereto as its nominee to take title to the Propertyrespective Property listed opposite the name of such nominee.

Assignment; Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective representatives, successors and assigns; provided, however, that Buyer shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow or to appoint a nominee to act as Buyer under this Agreement without obtaining the prior written consent of Seller, which consent may be given or withheld in the sole and absolute discretion of Seller; provided, however, that without in any way relieving Buyer of any of its duties, covenants or obligations hereunder, upon written notice to Seller given not less than ten (10) business days prior to the scheduled Closing Date, Buyer may, without the consent of Seller, either (a) assign its rights and obligations hereunder with respect to the either Property to one or more Affiliates of Buyer or Xxx Xxxx, an individual, or (b) appoint one or more Affiliates of Buyer or Xxx Xxxx as a nominee to take title to the either Property or any portion thereof; provided, however, that any such (i) assignment shall be pursuant to a written assignment and assumption agreement reasonably satisfactory to Seller and (ii) any such Affiliate-assignee or nominee shall join in the execution and delivery of the Release of Claims at Closing with Buyer. Any attempted assignment in violation of this provision shall be null and void. By Buyer’s execution and delivery hereof, Buyer hereby appoints the Person each of those Persons identified on Exhibit G attached hereto as its nominee to take title to the Propertyrespective Property listed opposite the name of such nominee.

Assignment; Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller Sellers and their respective representatives, successors and assigns; provided, however, that Buyer shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow or to appoint a nominee to act as Buyer under this Agreement without obtaining the prior written consent of SellerSellers, which consent may be given or withheld in the sole and absolute discretion of Seller; provided, however, that without in any way relieving Buyer of any of its duties, covenants or obligations hereunder, upon written notice to Seller Sellers given not less than ten (10) business days prior to the scheduled Closing Date, Buyer may, without the consent of SellerSellers, either (a) assign its rights and obligations hereunder with respect to the any Property to one or more Affiliates of Buyer or Xxx Xxxx, an individual, or (b) appoint one or more Affiliates of Buyer or Xxx Xxxx as a nominee to take title to the any Property or any portion thereof; provided, however, that any such (i) assignment shall be pursuant to a written assignment and assumption agreement reasonably satisfactory to Seller Sellers and (ii) any such Affiliate-assignee or nominee shall join in the execution and delivery of the Release of Claims at Closing with Buyer. Any attempted assignment in violation of this provision shall be null and void. By Buyer’s execution and delivery hereof, Buyer hereby appoints the Person identified on Exhibit G attached hereto as its nominee to take title to the Property.