Common use of Binding Agreement; Assignments Clause in Contracts

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest herein, and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this Agreement any of Bank or the parties hereto Administrative Agent is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors Guarantor that are contained in this Agreement shall bind and inure to the benefit of each such party hereto and their respective successors and assigns. This Agreement shall become effective as to any the Subsidiary Guarantor as of the date on which the debt outstanding under the IBP Credit Agreement is repaid or refinanced (it being understood that the Subsidiary Guarantor's obligations under this Guarantee Agreement on any date prior to the Acquisition Date shall be limited to $950,000,000) and when a counterpart hereof executed on behalf of such the Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such the Subsidiary Guarantor and the Administrative Agent and their respective successors and assigns, and shall inure to the benefit of such the Subsidiary Guarantor, the Administrative Agent and the LendersBanks, and their respective successors and assigns, except that no the Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest herein, and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.165

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative AgentLenders, and a counterpart hereof shall have been executed on behalf of the Administrative AgentLenders, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Agent Lenders and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent Guarantor and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign or transfer any of its rights or obligations hereunder or any interest herein, herein (and any such attempted assignment or transfer shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor ) without the approval prior written consent of the Required Lenders, except in connection with any other Subsidiary Guarantor and without affecting transaction permitted by Section 7.3 of the obligations of any other Subsidiary Guarantor hereunderCredit Agreement.

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, Holders and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Agent and their respective its successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent and the LendersHolders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest herein, and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors parties that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor and as to any Borrower when a counterpart hereof executed on behalf of such Subsidiary Guarantor or Borrower, as the case may be, shall have been delivered to the Administrative AgentLenders, and a counterpart hereof shall have been executed on behalf of the Administrative AgentLenders, and thereafter shall be binding upon such Subsidiary Guarantor or such Borrower, as the case may be, and the Administrative Agent Lenders and their respective successors and assigns, and shall inure to the benefit of such Subsidiary GuarantorGuarantor or such Borrower, as the Administrative Agent and the Lenderscase may be, and their respective successors and assigns, except that no neither any Borrower nor any Subsidiary Guarantor shall have the right to may assign or transfer any of its rights or obligations hereunder or any interest herein, (and any such attempted assignment or transfer shall be void) without the prior written consent of the Required Lenders, except in connection with any transaction permitted by Section 7.3 of the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amendedNotwithstanding the foregoing, modified, supplemented, waived or released with respect to at the time any Subsidiary Guarantor without is released from its obligations under the approval of any other Guarantee Agreement in accordance with such Guarantee Agreement and the Credit Agreement, such Subsidiary Guarantor and without affecting the will cease to have any rights or obligations of any other Subsidiary Guarantor hereunderunder this Agreement.

Binding Agreement; Assignments. Whenever in this Agreement ------------------------------- any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent Agent, the other Agents and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest hereinherein (except in connection with any transaction permitted by Section 6.04 of the Credit Agreement), and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Collateral Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Collateral Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent Agent, the Collateral Agent, the Issuing Banks and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest hereinherein (except in connection with any transaction permitted by Section 6.04 of the Credit Agreement), and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this ------------------------------ Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Collateral Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Collateral Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent Agent, the Collateral Agent, the Issuing Banks and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest hereinherein (except in connection with any transaction permitted by Section 6.04 of the Credit Agreement), and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Agent, Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Collateral Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Collateral Agent and the Lendersother Secured Parties, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest herein, herein or in the Collateral (and any such attempted assignment shall be void), except as expressly contemplated by this Agreement or the other Loan Documents. This It shall not be a condition to the effectiveness of this Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to against any Subsidiary Guarantor without the approval of that any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereundershall have executed this Agreement.

Binding Agreement; Assignments. Whenever in this Agreement any of Bank or the parties hereto Administrative Agent is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors Guarantor that are contained in this Agreement shall bind and inure to the benefit of each such party hereto and their respective successors and assigns. This Agreement shall become effective as to any the Subsidiary Guarantor as of the date on which the debt outstanding under the IBP Credit Agreement is repaid or refinanced (it being understood that the Subsidiary Guarantor's obligations under this Guarantee Agreement on any date prior to the Acquisition Date shall be limited to $950,000,000) and when a counterpart hereof executed on behalf of such the Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such the Subsidiary Guarantor and the Administrative Agent and their respective successors and assigns, and shall inure to the benefit of such the Subsidiary Guarantor, the Administrative Agent and the LendersBanks, and their respective successors and assigns, except that no the Subsidiary Guarantor shall not have the right to assign its rights or obligations hereunder or any interest herein, and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.

Binding Agreement; Assignments. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party; and all covenants, promises and agreements by or on behalf of the Subsidiary Guarantors that are contained in this Agreement shall bind and inure to the benefit of each party hereto and their respective successors and assigns. This Agreement shall become effective as to any Subsidiary Guarantor when a counterpart hereof executed on behalf of such Subsidiary Guarantor shall have been delivered to the Administrative Agent, and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Subsidiary Guarantor and the Administrative Agent and their respective successors and assigns, and shall inure to the benefit of such Subsidiary Guarantor, the Administrative Agent Agent, the Issuing Bank and the Lenders, and their respective successors and assigns, except that no Subsidiary Guarantor shall have the right to assign its rights or obligations hereunder or any interest herein, and any such attempted assignment shall be void. This Agreement shall be construed as a separate agreement with respect to each Subsidiary Guarantor and may be amended, modified, supplemented, waived or released with respect to any Subsidiary Guarantor without the approval of any other Subsidiary Guarantor and without affecting the obligations of any other Subsidiary Guarantor hereunder.