GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Pledgor under this Agreement as if he or she were “Pledgor” hereunder, and every reference to “Pledgor” shall be deemed to include each Grantor. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor agrees that if the Collateral passes to his or her estate, death will not terminate the pledge of Collateral hereunder, and the personal representative of the estate will not make any distributions of the Collateral required hereunder from the Grantor’s estate until such time as the provisions of this Agreement have been satisfied and the Collateral Agent provides a release to that effect to such personal representative.
Appears in 1 contract
Samples: Collateral Agreement (2010 Swift Mandatory Common Exchange Security Trust)
GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Pledgor Seller under this Agreement as if he or she were “PledgorSeller” hereunder, and every reference to “PledgorSeller” shall be deemed to include each Grantor, including without limitation those references in Section 7.1 (a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and arid agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor covenants and agrees that if the Collateral passes to his he or her estate, death she will not terminate the pledge of Collateral hereunder, and the personal representative of the estate will not make any distributions of the Collateral required hereunder from the Grantor’s estate until such time as the provisions of revoke Seller while this Agreement have been satisfied and the Collateral Agent provides a release to that effect to such personal representativeis outstanding.
Appears in 1 contract
Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)
GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Pledgor Seller under this Agreement as if he or she were “PledgorSeller” hereunder, and every reference to “PledgorSeller” shall be deemed to include each Grantor, including without limitation those references in Section 7.1(a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor covenants and agrees that if the Collateral passes to his he or her estate, death she will not terminate the pledge of Collateral hereunder, and the personal representative of the estate will not make any distributions of the Collateral required hereunder from the Grantor’s estate until such time as the provisions of revoke Seller while this Agreement have been satisfied and the Collateral Agent provides a release to that effect to such personal representativeis outstanding.
Appears in 1 contract
Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)
GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Pledgor Seller under this Agreement as if he or she were “PledgorSeller” hereunder, and every reference to “PledgorSeller” shall be deemed to include each Grantor, including without limitation those references in Section 7.1 (a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor covenants and agrees that if the Collateral passes to his he or her estate, death she will not terminate the pledge of Collateral hereunder, and the personal representative of the estate will not make any distributions of the Collateral required hereunder from the Grantor’s estate until such time as the provisions of revoke Seller while this Agreement have been satisfied and the Collateral Agent provides a release to that effect to such personal representativeis outstanding.
Appears in 1 contract
Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)