Common use of Certain Transferees Bound by Agreement Clause in Contracts

Certain Transferees Bound by Agreement. Subject to compliance with the other provisions of this Article III, any Securityholder may Transfer any Securities held by such Securityholder in accordance with applicable law; provided, however, that if the Transfer is not made pursuant to a Public Sale or a transaction the consummation of which will cause the termination of this Agreement pursuant to Article VII, then the Transferor of such Security shall first deliver to the Company a written agreement of the proposed Transferee (excluding a Transferee that is a Limited Partner) to become a Securityholder and to be bound by the terms of this Agreement (unless such proposed Transferee is already a Securityholder). All Marathon Securities, Xxxxxxx Family Securities and Employee Securities will continue to be Marathon Securities, Xxxxxxx Family Securities and Employee Securities in the hands of any Transferee (other than the Company, Vestar or any Transferee in a Public Sale); provided that Marathon Securities, Xxxxxxx Family Securities and Employee Securities Transferred pursuant to an exercise of tag-along rights as an Other Holder under Section 3.2(a) shall not be subject to the provisions of Section 3.1 in the hands of the Transferee or any subsequent Transferee. All Vestar Securities will continue to be Vestar Securities in the hands of any Transferee (other than the Company, Marathon, the Xxxxxxx Family Securityholders, the Employees or a Transferee in a Public Sale).

Certain Transferees Bound by Agreement. Subject to compliance -------------------------------------- with the other provisions of this Article III, any Securityholder may Transfer ----------- any Securities held by such Securityholder in accordance with applicable law; provided, however, that if the Transfer is not made pursuant to a Public Sale or a transaction the consummation of which will cause the termination of this Agreement pursuant to Article VII, then the Transferor of such Security shall ----------- first deliver to the Company a written agreement of the proposed Transferee (excluding a Transferee that is a Limited Partner) to become a Securityholder and to be bound by the terms of this Agreement (unless such proposed Transferee is already a Securityholder). All Marathon Securities, Xxxxxxx Family Securities and Employee Securities will continue to be Marathon Securities, Xxxxxxx Family Securities and Employee Securities in the hands of any Transferee (other than the Company, Vestar or any Transferee in a Public Sale); provided that Marathon Securities, Xxxxxxx Family Securities and Employee Securities Transferred pursuant to an exercise of tag-along rights as an Other Holder under Section 3.2(a) shall not be subject to the provisions of Section 3.1 in the hands of the Transferee or any subsequent Transferee. All Vestar Securities will continue to be Vestar Securities in the hands of any Transferee (other than the Company, Marathon, the Xxxxxxx Family Securityholders, the Employees or a Transferee in a Public Sale).under

Certain Transferees Bound by Agreement. Subject to compliance with the other provisions of this Article ARTICLE III, any Securityholder may Transfer any Securities held by such Securityholder in accordance with applicable law; provided, however, that if the Transfer is not made pursuant to a Public Sale or a transaction the consummation of which will cause the termination of this Agreement pursuant to Article ARTICLE VII, then the Transferor of such Security shall first deliver to the Company a written agreement of the proposed Transferee (excluding a Transferee that is a Limited Partner) to become a Securityholder and to be bound by the terms of this Agreement (unless such proposed Transferee is already a Securityholder). All Marathon Securities, Xxxxxxx Family Securities and Employee Securities will continue to be Marathon Securities, Xxxxxxx Family Securities and Employee Securities in the hands of any Transferee (other than the Company, Vestar or any Transferee in a Public Sale); provided that Marathon Securities, Xxxxxxx Family Securities and Employee Securities Transferred pursuant to an exercise of tag-along rights as an Other Holder under Section SECTION 3.2(a) shall not be subject to the provisions of Section SECTION 3.1 in the hands of the Transferee or any subsequent Transferee. All Vestar Securities will continue to be Vestar Securities in the hands of any Transferee (other than the Company, Marathon, the Xxxxxxx Family Securityholders, the Employees or a Transferee in a Public Sale).