Common use of Non-Assignment of Contracts Clause in Contracts

Non-Assignment of Contracts. Anything contained herein to the contrary notwithstanding, this Agreement shall not constitute an agreement to assign any Executory Contract, if, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, an attempted assignment thereof, without the consent of the third party thereto, would constitute a breach thereof or in any way negatively affect the rights of Sellers or Buyer, as the assignee of such Executory Contract, as the case may be, thereunder. If, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, such consent or approval is required but not obtained, Sellers will cooperate with Buyer without further consideration (other than as provided in clause (b) of this SECTION 1.5) in any reasonable arrangement designed to both (a) provide Buyer with the benefits of or under any such Executory Contract, and (b) cause Buyer to bear all costs and obligations of or under any such Executory Contract. Any assignment to Buyer of any Executory Contract that shall, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, require the consent or approval of any third party for such assignment as aforesaid shall be made subject to such consent or approval being obtained.

Non-Assignment of Contracts. Anything contained herein to the contrary notwithstanding, this Agreement shall not constitute an agreement to assign any Executory Assumed Contract, Permit or other Acquired Asset if, and only if, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, an attempted assignment thereof, without the consent of the third party thereto, would constitute a breach thereof or in any way negatively affect the rights of Sellers or Buyer, as the assignee of such Executory Contract, as the case may be, thereunderthereof. If, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, such consent or approval is required but not obtained, the Sellers will will, to the extent practicable, make commercially reasonable efforts to cooperate with Buyer without further consideration (other than as provided in clause (b) of this SECTION 1.5) in any reasonable arrangement designed to both (a) provide Buyer with the benefits of or under any such Executory Assumed Contract, Permit or other Acquired Asset and (b) cause Buyer to bear all costs and obligations of or under any such Executory Assumed Contract, Permit or other Acquired Asset in accordance with Section 1.3. Any assignment to Buyer of any Executory Contract Assumed Contract, Permit or other Acquired Asset that shall, notwithstanding the provisions of sections 363 and 365 of the Bankruptcy Code, require the consent or approval of any third party for such assignment as aforesaid shall be made subject to such consent or approval being obtained.