Binding Effect; Miscellaneous. (a) This Security Agreement shall be binding upon and inure to the benefit of and be enforceable by the undersigned and their respective successors and assigns.
Binding Effect; Miscellaneous. (a) This Agreement shall be binding upon and inure to the benefit of and be enforceable by the undersigned and their respective successors and assigns.
Binding Effect; Miscellaneous. A. This Agreement shall be binding on and shall inure to the benefit of any successor or successors of Employer and the personal representatives of Employee.
Binding Effect; Miscellaneous. This Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their respective heirs, successors and permitted assigns, but neither this Agreement nor any duty or right hereunder (except the right to receive moneys which are due hereunder) shall be voluntarily assigned by any party without the written consent of the other party, which consent shall not be unreasonably withheld. If any provision of this Agreement is invalid, void or unenforceable, the remainder of this Agreement shall remain in full force. This Agreement may be fully executed in two (2) or more separate counterparts by each of the parties hereto, all such counterparts together constituting but one and the same instrument. Such counterparts may be exchanged via facsimile (or other electronic) transmission and any facsimile or electronic signatures shall be binding. All communications, directions, approvals, instructions, requests and notices required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given or made when delivered personally or transmitted electronically by e-mail or facsimile, receipt acknowledged, in each case in accordance with the contact information set forth below the parties respective signature blocks. In the event it becomes necessary to enforce the terms of this Agreement by litigation or otherwise, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs, including any such fees or costs arising from subsequent appeals and efforts to execute on any judgment.
Binding Effect; Miscellaneous. 16.1. This Agreement shall be binding upon and shall inure to the parties hereto, their respective heirs, successors, legal representatives and assigns. This Agreement sets forth the entire Agreement between the parties hereto and no other prior written or oral statement or agreement or understanding shall be recognized or enforced. All modifications or amendments shall be in writing and signed by the parties. This Agreement is to be construed according to the laws of the State of New York, and any legal action or proceeding with respect to or in connection with this Agreement must be brought in the Supreme Court of the State of New York within the First Judicial Department, 1st District, New York City, or the Federal Courts for the Southern District of New York, and by execution hereof each party accepts the jurisdiction of such courts. This Agreement may be executed in two or more counterparts all of which shall constitute one and the same instrument. Each of the twelve (12) individual Sellers is hereby acknowledged to be a separate and distinct legal entity, wholly independent from the other Sellers, and each of the Sellers shall be liable only for such claims or demands made by Purchaser with respect to the Property (and other related aspects of the Premises) owned by such Seller and the representations, warranties and covenants made by such Seller with respect to such Property, and it is specifically agreed by and between Purchaser and each of the individual Sellers hereto that liability of the Sellers under this Agreement is and shall be individual only and is not and shall not be joint and several with other Sellers.
Binding Effect; Miscellaneous. This Agreement shall be binding upon the Junior Lender and its respective successors and assigns and shall inure to the benefit of the Senior Lender and its participants, successors and assigns, but neither the Borrower nor any other secured party shall be entitled to rely on or enforce this Agreement. This Agreement cannot be waived or changed or ended, except by a writing signed by the party to be bound thereby. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Colorado. Each party consents to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement, waives any argument that venue in any such forum is not convenient, and agrees that any litigation initiated by either of them in connection with this Agreement shall be venued in the City and County of Denver. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The Junior Lender waives notice of the Senior Lender’s acceptance hereof.
Binding Effect; Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Subordinated Creditor, the Lender, and their respective participants, successors and assigns, but neither the Borrowers, the Guarantors nor any other party shall be entitled to rely on or enforce this Agreement. The Subordinated Creditor and Lender each warrant to the other that any purchaser or transferee of, or successor to, any security interest of the undersigned in any or all of the Collateral will be given written notice of the subordination effected hereby, before such purchase, transfer or succession, and that any such purchaser, transferee or successor will be in all respects subject to and bound by this Agreement. This Agreement cannot be waived or changed or ended, except by a writing signed by the party to be bound thereby. This Agreement shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of New York. Each party consents to the personal jurisdiction of the state and federal courts located in the State of New York in connection with any controversy related to this Agreement, waives any argument that venue in any such forum is not convenient, and agrees that any litigation initiated by either of them in connection with this Agreement shall be venued in either the state and federal courts located in New York County, New York. Nothing in this Agreement shall prohibit Subordinated Creditor from accepting and retaining or from exercising its rights with respect to the proceeds of keyman life insurance policies maintained by the Borrower on the life of Xxxxxx Xxx, which proceeds will be assigned to Subordinated Creditor as additional collateral for the Subordinated Indebtedness. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The Subordinated Creditor waives notice of the Lender’s acceptance hereof. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.
Binding Effect; Miscellaneous. A. This Agreement shall be binding upon and shall inure to the parties hereto, their respective heirs, successors, legal representatives and assigns. This Agreement sets forth the entire Agreement between the parties hereto and no other prior written or oral statement or agreement or understanding shall be recognized or enforced. All modifications or amendments shall be in writing and signed by the parties. This Agreement is to be construed according to the laws of the State of North Carolina. This Agreement may be executed in two or more counterparts all of which shall constitute one and the same instrument. The singular shall include the plural and vice versa.
Binding Effect; Miscellaneous. This Agreement shall be binding upon and inure to the benefit of Junior Lender, Senior Lender, and their respective participants, successors and assigns, but neither Company nor any other party shall be entitled to rely on or enforce this Agreement. Junior Lender and Senior Lender each warrant to the other that any purchaser or transferee of, or successor to, any Lien of the undersigned in any or all of the Collateral will be given written notice of the subordination effected hereby, before such purchase, transfer or succession, and that any such purchaser, transferee or successor will be in all respects subject to and bound by this Agreement. This Agreement cannot be waived or changed or ended, except by a writing signed by the party to be bound thereby. Section headings herein are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Junior Lender waives notice of Senior Lender’s acceptance hereof;
Binding Effect; Miscellaneous. A. This Agreement shall be binding on and shall inure to the benefit of any successor or successors of Employer and the personal representatives of Employee. This Agreement is personal in nature, and may not be assigned or transferred by Employee without the prior written consent of Employer, and any purported assignment or transfer by Employee without such consent is invalid and is not binding on Employer. This Agreement may be assigned by Employer to any subsidiary that it directly or indirectly controls, any affiliated corporation or entity under the direct or indirect control of Employer, or any parent corporation or entity that directly or indirectly controls Employer, and to any corporation or entity that may control Employer as the direct or indirect result of a Business Combination, without the consent of Employee. Any other assignment or transfer of this Agreement by Employer shall require the written consent of Employee, and any such purported transfer or assignment shall be without force or effect and shall not be binding on Employee unless and until such consent is delivered.
