Common use of Nonassignable Contracts Clause in Contracts

Nonassignable Contracts. (a) To the extent that the assignment by Seller of any sales order, purchase order, lease or other contract included in the Assumed Liabilities or Purchased Assets is not permitted without (i) the consent of the other party to the contract, (ii) the approval of Buyer as a source of the products or services called for by such contract or (iii) the approval of Buyer as a lessee, then this Agreement shall not be deemed to constitute an assignment or an attempted assignment of the same, if such assignment or attempted assignment would constitute a breach thereof. However, unless otherwise agreed as to any particular contract or order (or class thereof), Seller shall use its best efforts to obtain any and all such consents, approvals and novations before and after Closing.

Nonassignable Contracts. (a) To the extent that the assignment by Seller of any sales order, purchase order, lease or other contract Purchased Contract included in the Assumed Liabilities or Purchased Assets is not permitted without (i) the consent of the other party to the contractPurchased Contract, (ii) the approval of Buyer as a source of the products or services called for by such contract the Purchased Contract or (iii) the approval of Buyer as a lessee, then this Agreement shall not be deemed to constitute an assignment or an attempted assignment of the same, if such assignment or attempted assignment would constitute a breach thereof. However, unless otherwise agreed as to any particular contract or order (or class thereof)Purchased Contract, Seller shall use its best efforts to obtain any and all such consents, approvals and novations before before, if unable to do so prior to Closing, and after Closing.

Nonassignable Contracts. (a) To the extent that the assignment by Seller any Selling Entity of any sales order, purchase order, lease or other contract included in the Assumed Liabilities or Purchased Assets is not permitted without (i) the consent of the other party to the contract, (ii) the approval of Buyer as a source of the products or services called for by such contract or (iii) the approval of Buyer as a lessee, then this Agreement shall not be deemed to constitute an assignment or an attempted assignment of the same, if such assignment or attempted assignment would constitute a breach thereof. However, unless otherwise agreed as to any particular contract or order (or class thereof), Seller the applicable Selling Entity shall use its best reasonable commercial efforts (which shall not include payment of any additional consideration to any party) to obtain any and all such consents, approvals and novations before and after Closingnovations.

Nonassignable Contracts. (ai) To the extent that the assignment by Seller Sellers of any sales order, purchase order, lease or other contract included in the Assumed Liabilities or Purchased Acquired Assets is not permitted without (iA) the consent of the other party to the contract, (iiB) the approval of Buyer as a source of the products or services called for by such contract or (iiiC) the approval of Buyer as a lessee, then this Agreement shall not be deemed to constitute an assignment or an attempted assignment of the same, if such assignment or attempted assignment would constitute a breach thereof. However, unless otherwise agreed as to any particular contract or order (or class thereof), Seller Sellers and Stockholders (excluding the Trust Stockholders) shall use its their best efforts to obtain any and all such consents, approvals and novations before and after Closing.

Nonassignable Contracts. (a) To the extent that the assignment by Seller Sellers of any sales order, purchase order, lease or other contract included in the Assumed Liabilities or Purchased Assets is not permitted without (i) the consent of the other party to the contract, (ii) the approval of Buyer Buyers as a source of the products or services called for by such contract or (iii) the approval of Buyer Buyers as a lessee, then this Agreement shall not be deemed to constitute an assignment or an attempted assignment of the same, if such assignment or attempted assignment would constitute a breach thereof. However, unless otherwise agreed as to any particular contract or order (or class thereof), Seller Sellers shall use its best their commercially reasonable efforts to obtain any and all such consents, approvals and novations before and after Closing.