Benefit of Agreement; Successors and Assigns Clause Samples

Benefit of Agreement; Successors and Assigns. Except as otherwise provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties (including transferees of the Common Stock). Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as otherwise expressly provided in this Agreement.

Benefit of Agreement; Successors and Assigns. (a) This Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto; provided, however, that the Borrower may not assign or transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and all Lenders. (b) In the event that any Person becomes a counterparty to a Permitted Swap Agreement and such Person has not previously executed a Secured Party Addition Agreement in its capacity as a counterparty to a Permitted Swap Agreement, such Person shall execute and deliver to the Collateral Agent: (i) a Secured Party Addition Agreement and (ii) such other documentation as the Collateral Agent may reasonably request. Upon execution and delivery of a Secured Party Addition Agreement, a counterparty to a Permitted Swap Agreement shall be deemed to be a Secured Party for all purposes under the Financing Documents. In furtherance of the foregoing, the counterparty to a Permitted Swap Agreement shall be deemed to have agreed to be bound by the provisions of the Credit Agreement for the limited purposes of indemnifying the Collateral Agent pursuant to Section 10.05 thereof (assuming for purposes of calculating such Person’s liability to make payments on any indemnity claimed thereunder, that any net settlement amount payable to such counterparty to a Permitted Swap Agreement is treated as such Person’s outstanding principal amount of Loans).

Benefit of Agreement; Successors and Assigns. This Depository Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto and for the benefit of the Secured Parties; provided, however, that Borrower may not assign or transfer any of its rights or obligations hereunder without the prior written consent of the Agents (and any assignment in violation thereof shall be void) and the Secured Parties, and Depository Bank may not assign this Depository Agreement except in accordance with its resignation or removal under Section 6.04.

Benefit of Agreement; Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto; provided, however, that the Borrower may not assign or transfer any of its rights or obligations hereunder without the prior written consent of each Secured Party.

Benefit of Agreement; Successors and Assigns. This Agreement will enure to the benefit of and be binding upon the respective heirs, executors, administrators, other legal representatives, successors and permitted assigns of the parties hereto.

Benefit of Agreement; Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto (as well as of the Lenders from time to time under the Credit Agreement and any Affiliates of Lenders, former Lenders or Affiliates of former Lenders that shall hold Miscellaneous Obligations, all of which Affiliates of Lenders, former Lenders or Affiliates of former Lenders are intended to be third party beneficiaries of this Agreement) and the respective successors and assigns of all the foregoing Persons. All covenants, promises and agreements by or on behalf of any Guarantor or Grantor or the Collateral Agent that are contained in this Agreement shall bind and inure to the benefit of their respective successors and assigns.

Benefit of Agreement; Successors and Assigns. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of the Pledgor, any other Mark ▇▇▇▇▇▇ ▇▇▇ity and the Collateral Agent shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of the Trust and its successors and assigns. This Agreement will be (A) binding on and legally enforceable against the estate of Mark ▇▇▇▇▇▇ ▇▇▇uld he become deceased or the legal representative, attorney, or guardian of Mark ▇▇▇▇▇▇ ▇▇▇uld he lack legal capacity and (B) binding on and legally enforceable against the Mark ▇▇▇▇▇▇ ▇▇▇ily Trust despite the death or legal incapacity of any settlor or beneficiary of such trust.

Benefit of Agreement; Successors and Assigns