Neither of the parties hereto may assign any of its rights or obligations under this Agreement or the Option created hereunder to any other person, without the express written consent of the other party, except that in the event a Subsequent Triggering Event shall have occurred prior to an Exercise Termination Event, Grantee, subject to the express provisions hereof, may assign in whole or in part its rights and obligations hereunder; provided, however, that until the date 15 days following the date on which the Federal Reserve Board has approved an application by Grantee to acquire the shares of Common Stock subject to the Option, Grantee may not assign its rights under the Option except in (i) a widely dispersed public distribution, (ii) a private placement in which no one party acquires the right to purchase in excess of 2% of the voting shares of Issuer, (iii) an assignment to a single party (e.g., a broker or investment banker) for the purpose of conducting a widely dispersed public distribution on Grantee's behalf or (iv) any other manner approved by the Federal Reserve Board.
Neither of the. Parties shall use the other's name, crest, logo or registered image for any purpose without the express permission of the other Party. The School agrees that all logos, trade-marks and/or marks that show ownership of any information supplied by the University are maintained on any reproduction as required by the University, and the School shall not modify such information in any way.
Neither of the parties hereto may assign any of its rights or obligations under this Option Agreement or the Option created hereunder to any other person, without the express written consent of the other party, except that in the event a Subsequent Triggering Event shall have occurred prior to an Exercise Termination Event, Grantee, subject to the express provisions hereof, may assign in whole or in part its rights and obligations hereunder within 90 days following such Subsequent Triggering Event (or such later period as provided in Section 10); provided, however, that until the date 15 days following the date on which the Federal Reserve Board approves an application by Grantee under the BHCA to acquire the shares of Common Stock subject to the Option, Grantee may not assign its rights under the Option except in (i) a widely dispersed public distribution, (ii) a private placement in which no one party acquires the right 73 to purchase in excess of 2% of the voting shares of Issuer, (iii) an assignment to a single party (e.g., a broker or investment banker) for the purpose of conducting a widely dispersed public distribution on Grantee's behalf, or (iv) any other manner approved by the Federal Reserve Board.
Neither of the parties hereto, either during the continuance of this Agreement or after its termination, shall disclose to any person (except with the written authority of the other party or unless ordered to do so by a court of competent jurisdiction) any information relating to the business, assets, finances or other affairs of a confidential nature of the other party of which it may have become possessed during the period of this Agreement and each party shall use its reasonable endeavors to prevent any such disclosure as aforesaid.
Neither of the parties hereto shall be subject to any order or injunction of a court of competent jurisdiction which prohibits the consummation of the transactions contemplated by this Agreement. In the event any such order or injunction shall have been issued, each party agrees to use its reasonable efforts to have any such injunction lifted.
Neither of the. Opinion Parties is, after giving effect to the transactions contemplated by the Opinion Documents and the application of the net proceeds from the making of the Loans under the Paper Company Credit Agreement (i) an "investment company" required to register as such under the Investment Company Act of 1940, as amended, or (ii) a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Neither of the. Sellers is subject to any rule, agreement or restriction of any kind or character which would prevent the consummation of this Contract. This Contract has been validly executed and delivered by the Sellers and constitutes a valid and binding obligation of the Sellers in accordance with its terms. Each of the Sellers has the legal capacity and capability to execute, deliver and fully perform his or her obligations under this Contract.
Neither of the. Contracting Parties shall provide or permit state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation.
Neither of the parties to this Agreement may assign or transfer this Agreement or any rights or obligations hereunder, or subcontract any of its obligations hereunder, without the consent of the other party; provided that either party may assign its rights under this Agreement to any Affiliate or for security to financial institutions and either party may sub-contract all or part of its obligations to any Affiliate, subject to remaining responsible for the performance of that Affiliate. Any purported assignment of this Agreement or subcontracting of obligations inconsistent with the foregoing shall be void ab initio. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
Neither of the. Parties shall be liable for full or partial non-fulfillment of its obligations hereunder, if such is the result of the circumstances of force majeure.
