Common use of No Third Party Rights; Successors and Assigns Clause in Contracts

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto; provided that (i) Buyer may assign any of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Seller.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto; provided that (i) Buyer may assign any of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer Agent may assign or transfer any of its rights or duties hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Sellerthe other parties hereto to any affiliate of Credit Suisse First Boston, so long as such affiliate is a broker-dealer registered with the Securities and Exchange Commission.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than SellerSellers, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of each Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto without the prior written consent of the other parties hereto; provided that (i) Buyer may assign or transfer any of its rights or duties hereunder with to any of its affiliates or any special purpose company sponsored or managed by Buyer or any of its affiliates without the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer the Agent may assign or transfer any of its rights or duties hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Sellerthe other parties hereto.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer the parties hereto and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunderunder this Agreement. Whenever any of the parties hereto to this Agreement is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein in this Agreement contained by or on behalf of Seller and Buyer the parties hereto shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, including without limitation, the estate of each Seller that is an individual, and the executor, administrator or personal representative of such Seller, as well as such Seller’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Seller’s creditors, and shall be enforceable by and inure to the benefit of Buyer the Service Provider and its successors and assigns. The rights and duties under In addition, within three months of the appointment of a personal representative of the estate of any deceased Seller that is an individual, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement may and agreeing not be assigned or transferred by any party hereto; provided that (i) Buyer may assign any of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Sellerchallenge this Agreement.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Seller and Buyer and its their respective successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto without the prior written consent of the other parties hereto; provided that (i) Buyer may assign or transfer any of its rights or duties hereunder with without the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer the Agent may assign or transfer any of its rights or duties hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Sellerthe other parties hereto to any affiliate of Credit Suisse First Boston, so long as such affiliate is a broker-dealer registered with the Securities and Exchange Commission.

No Third Party Rights; Successors and Assigns. This Agreement (as supplemented by each Transaction Confirmation) is not intended and shall not be construed to create any rights in any person other than Seller, Buyer, an affiliate of Buyer designated hereunder to receive Free Shares and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of the Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The Seller shall have the right to assign its rights and duties obligations under this Agreement may not be assigned (including each Transaction Confirmation hereunder), the Pledge Agreement and the Common Stock pledged pursuant to the Pledge Agreement to a broker or transferred by any party hereto; a dealer or an affiliate of a broker or a dealer (as such terms are defined in the Securities Exchange Act of 1934, as amended, and the rules thereunder), provided that (i) Buyer may assign any of its all such rights or duties hereunder with and obligations shall be assigned to the prior written consent of Seller (which consent shall not be unreasonably withheld) and same assignee, (ii) that such assignee shall be reasonably acceptable to Buyer may assign or transfer any of its rights hereunder and (iii) Seller and such assignee shall execute documentation reasonably acceptable to receive any shares of Common Stock, other securities and cash without the prior written consent of SellerBuyer.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto without the prior written consent of the other parties hereto, such consent not to be unreasonably withheld; provided that (i) Buyer may assign any of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights or duties hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of SellerSeller and (ii) the Agent may assign or transfer any of its rights or duties hereunder without the prior written consent of the other parties hereto to any affiliate of Credit Suisse First Boston, so long as such affiliate is a broker-dealer registered with the Securities and Exchange Commission.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer the parties hereto and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunderunder this Agreement. Whenever any of the parties hereto to this Agreement is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein in this Agreement contained by or on behalf of Seller and Buyer the parties hereto shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, including without limitation, the estate of Pledgor, and the executor, administrator, personal representative, of such Pledgor, as well as such Pledgor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Pledgor’s creditors, and shall be enforceable by and inure to the benefit of Buyer Purchaser and its successors and assigns. The rights and duties under In addition, within three months of the appointment of a personal representative of the estate of any deceased Pledgor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement may and agreeing not to challenge this Agreement, and failure to do so shall be assigned or transferred by any party hereto; provided that (i) Buyer may assign any an Event of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of SellerDefault hereunder.

No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer the parties hereto and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunderunder this Agreement. Whenever any of the parties hereto to this Agreement is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained in this Agreement by or on behalf of Seller the parties hereto shall bind and Buyer shall bindbe enforceable by, and inure to the benefit of, their respective successors and assigns whether so expressed or not, including without limitation, the estate of Seller, and the executor, administrator or personal representative of such Seller, as well as such Seller’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Seller’s creditors, and shall be enforceable by and inure to the benefit of Buyer the parties hereto and its their respective successors and assigns. The rights and duties under In addition, within three months of the appointment of a personal representative of the estate of any deceased Seller, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement may and agreeing not to challenge this Agreement, and failure to do so shall be assigned or transferred by any party hereto; provided that (i) Buyer may assign any an Event of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of SellerDefault hereunder.