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) 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.
Appears in 2 contracts
Samples: Securities Contract (Mafco Holdings Inc), Sails Mandatorily Exchangeable Securities Contract (Mafco Holdings Inc)
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) Agent 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 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 CommissionSeller.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Mafco Holdings Inc), Stock Purchase Agreement (Mafco Holdings Inc)
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) 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 Commissionhereto.
Appears in 1 contract
Samples: Securities Contract (Safeguard Scientifics Inc Et Al)
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 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) 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.
Appears in 1 contract
Samples: Accelerated Share Repurchase Agreement (NRG Energy, Inc.)
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) 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.
Appears in 1 contract
Samples: Securities Contract (Zwan Bryan J)
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) 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 Commissionchallenge this Agreement.
Appears in 1 contract
Samples: Fund Indemnity Agreement (2010 Swift Mandatory Common Exchange Security Trust)