Common use of Assignment; Parties in Interest Clause in Contracts

Assignment; Parties in Interest. This Agreement may not be assigned (by operation of law, including pursuant to a merger, split, consolidation, sale or contribution of business unit, generality or assets, or otherwise) or transferred, in whole or in part, by either party without the prior written consent of the other party; provided, however, that Seller shall be entitled to assign this Agreement, without the prior written consent of Buyer, to an affiliate, any direct or indirect subsidiary, or to any successor which succeeds as a going concern to the business unit manufacturing and supplying the Product hereunder pursuant to a merger, split, consolidation, sale or contribution of business unit, generality or sale of all or substantially all of its assets, if such successor assumes Seller’s obligations hereunder. Except as specifically provided herein, this Agreement is not intended to and does not create any rights in favor of any person or entity not a party hereto.

Assignment; Parties in Interest. This Agreement may not be assigned (by operation of law, including pursuant to a merger, split, consolidation, sale or contribution of business unit, generality or assets, or otherwise) or transferred, in whole or in part, by either party without the prior written consent of the other party; provided, however, that Seller shall be entitled to assign this Agreement, upon communication and without the prior written consent of Buyer, to an affiliate, any direct or indirect subsidiary, or to any successor which succeeds as a going concern to the business unit manufacturing and supplying the Product hereunder pursuant to a merger, split, consolidation, sale or contribution of business unit, generality or sale of all or substantially all of its assets, if such successor assumes Seller’s obligations hereunder. Except as specifically provided herein, this Agreement is not intended to and does not create any rights in favor of any person or entity not a party hereto.