Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer by operation of law in a merger of such Buyer) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Landamerica Financial Group Inc), Stock Purchase Agreement (Landamerica Financial Group Inc), Stock Purchase Agreement (Fidelity National Financial, Inc.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer parties, whether by operation of law in a merger of such Buyer) or otherwise, without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Agreement (Except as otherwise specifically provided in Section 6.7, this Agreement, including the documents and instruments referred to in this Agreement) , is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (PVF Capital Corp), Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger (FNB Corp/Fl/)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 8.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 3 contracts
Samples: Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.6, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Merrill Lynch & Co., Inc.), Agreement and Plan of Merger (Merrill Lynch & Co Inc), Agreement and Plan of Merger (Bank of America Corp /De/)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person Person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Metavante Technologies, Inc.), Agreement and Plan of Merger (Fidelity National Information Services, Inc.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall may be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject , provided that the Investor may assign part or all of its rights and obligations hereunder to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each an affiliate of the parties and their respective successors and assignsInvestor, provided that the assigning party shall remain liable for any non-performance of such assignee’s assigned obligations. This Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Biotechnology Value Fund L P), Investment Agreement (XOMA Corp)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned assigned, in whole or in part, by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyparties. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of of, and be enforceable by by, each of the parties and their respective successors and assigns. This Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Form of Stockholder Voting Agreement (Hudson Holding Corp), Form of Stockholder Voting Agreement (Rodman & Renshaw Capital Group, Inc.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer Parent by operation of law in a merger of such BuyerParent) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.6, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Landamerica Financial Group Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties Parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyParties. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties Parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 7.6, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto Parties any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vantagesouth Bancshares, Inc.), Agreement and Plan of Merger (YADKIN FINANCIAL Corp)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall will be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall will be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.8, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person Person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sprint Corp), Agreement and Plan of Merger (Nextel Communications Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall may be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject , provided that an applicable Investor may assign part or all of its rights and obligations hereunder to an affiliate of such Investor, provided that the preceding sentence, this Agreement assigning party shall be binding upon, inure to the benefit remain liable for any non-performance of and be enforceable by each of the parties and their respective successors and assignssuch assignee’s assigned obligations. This Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (XOMA Corp), Investment Agreement (Cidara Therapeutics, Inc.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer parties, whether by operation of law in a merger of such Buyer) or otherwise, without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Agreement (Except as otherwise specifically provided in Section 6.6 and 6.7, this Agreement, including the documents and instruments referred to in this Agreement) , is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Comm Bancorp Inc), Agreement and Plan of Merger (FNB Corp/Fl/)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer parties, whether by operation of law in a merger of such Buyer) or otherwise, without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Agreement (Except as otherwise specifically provided in Section 6.7(d), this Agreement, including the documents and instruments referred to in this Agreement) , is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FNB Corp/Fl/), Agreement and Plan of Merger
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyer) or otherwise without the prior written consent of the other partyparties. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. Except as otherwise specifically provided in Section 8.6 and 8.13. This Agreement (Agreement, including the documents and instruments referred to in this Agreement) , is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Union National Financial Corp / Pa), Agreement and Plan of Merger (Donegal Group Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyparties. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.6, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Combination and Reorganization (Newbridge Bancorp), Agreement and Plan of Combination and Reorganization (Newbridge Bancorp)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties Parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyParties. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties Parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.5, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto Parties any rights or remedies under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Combination and Reorganization
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7 and 6.13, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Assignment; Third Party Beneficiaries. (a) Neither this ------------------------------------- Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 7.6, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Penseco Financial Services Corp)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of 56 and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.. [Signature Page Follows] 57
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Charter Corp /Nc/)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as 57 otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.. [Signature Page Follows] 58
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Charter Corp /Nc/)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 7.5, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Customers Bancorp, Inc.)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer parties, whether by operation of law in a merger of such Buyer) or otherwise, without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Agreement (Except as otherwise specifically provided in Section 6.7(d), this Agreement, including the documents and instruments referred to in this Agreement) , is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.. [Remainder of page intentionally blank; signature page follows]
Appears in 1 contract
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Appears in 1 contract
Samples: Agreement and Plan of Merger (North Fork Bancorporation Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure solely to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights rights, benefits or remedies under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Republic Bancorp Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 7.8, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.8, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fleetboston Financial Corp)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall may be assigned by either any of the parties (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other party. Subject , provided that each Investor may assign part or all of its rights and obligations hereunder to an affiliate of such Investor, provided that the preceding sentence, this Agreement assigning party shall be binding upon, inure to the benefit remain liable for any non-performance of and be enforceable by each of the parties and their respective successors and assignssuch assignee’s assigned obligations. This Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties to this Agreement (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyparties to this Agreement. Subject to the preceding sentence, this Agreement shall will be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.8, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hiway Technologies Inc)
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either of the parties (other than by either Buyer Parent by operation of law in a merger of such BuyerParent) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.7, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto any rights or remedies under this Agreement.
Appears in 1 contract
Assignment; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by either any of the parties to this Agreement (other than by either Buyer whether by operation of law in a merger of such Buyeror otherwise) without the prior written consent of the other partyparties to this Agreement. Subject to the preceding sentence, this Agreement shall will be binding upon, inure to the benefit of and be enforceable by each of the parties and their respective successors and assigns. This Except as otherwise specifically provided in Section 6.9, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any person other than the parties hereto to this Agreement any rights or remedies under this Agreement.. 72
Appears in 1 contract
