No Assignment; Binding. Subject to Sections 4(e) and 16 hereof, no assignment of the interest of any of the Escrow Parties or their successors shall be binding upon the Escrow Agent unless and until written evidence of such assignment in form satisfactory to the Escrow Agent shall be filed with and accepted by the Escrow Agent.
No Assignment; Binding. Effect This Agreement shall not be assigned by any of the Parties hereto (whether by operation of Law or otherwise) without the prior written consent of the other Parties Subject to the preceding sentence, but without relieving any party hereto of any obligation hereunder, this Agreement will be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 38 16.10 Enforcement The Parties agree that immediate, irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the Parties do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the Transactions) in accordance with its specified terms or otherwise breach such provisions. Subject to the immediately following sentence, the Parties acknowledge and agree that (a) the Parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 16.8 without proof of damages or otherwise, this being in addition to any other remedy to which they are entitled under this Agreement, (b) the provisions set forth in Section 10.2 (Break Fee) shall not be construed to diminish or otherwise impair in any respect Parent’s or Merger Sub’s right to specific enforcement and (c) the right of specific enforcement is an integral part of the Transactions and without that right, neither Party would have entered into this Agreement. Each of the Parties agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief on the basis that the other Parties hereto have an adequate remedy at law or an award of specific performance is not an appropriate remedy for any reason at law or in equity. The Parties acknowledge and agree that any Party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in accordance with this Section 16.10 shall not be required to provide any bond or other security in connection with any such order or injunction. If, prior to the Outside Date, any Party brings any suit, action or proceeding, in each case in accordance with Section 16.8, to prevent breaches of this Agreement ...
No Assignment; Binding. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns, as applicable. You may not assign or transfer this Agreement or any of your rights or obligations hereunder; The Foundation may assign this Agreement, provided that its assignee agrees to be bound by the terms hereof.
