Obligations of Assignees. The assignee of any agreement assigned, in whole or in part, hereunder (an "Assigned") shall, as a condition to such assignment, assume and agree to pay, perform, and fully discharge all obligations of the assignor under such agreement (whether such obligations arose or were incurred prior to, on or subsequent to the Distribution Date and irrespective of whether such obligations have been asserted as of the Distribution Date) or, in the case of a partial assignment under Section 2.06(c) above, such Assignee's related portion of such obligations as determined in accordance with the terms of the relevant agreement, where determinable on the face thereof, and otherwise as determined in accordance with the practice of the parties prior to the Distribution. Furthermore, the Assignee shall use its commercially reasonable efforts to cause the assignor of such agreement to be released from its obligations under the assigned agreements.
Appears in 4 contracts
Samples: Distribution Agreement (Ada-Es Inc), Distribution Agreement (Earth Sciences Inc), Distribution Agreement (Ada-Es Ing)
Obligations of Assignees. The assignee of any agreement assigned, in whole or in part, hereunder (an "AssignedASSIGNEE") shall, as a condition to such assignment, assume and agree to pay, perform, and fully discharge all obligations of the assignor under such agreement (whether such obligations arose or were incurred prior to, on or subsequent to the Distribution Date and irrespective of whether such obligations have been asserted as of the Distribution Date) or, in the case of a partial assignment under Section 2.06(cSECTION 2.06(D) above, such Assignee's related portion of such obligations as determined in accordance with the terms of the relevant agreement, where determinable on the face thereof, and otherwise as determined in accordance with the practice of the parties prior to the DistributionDistributions. Furthermore, the Assignee shall use its commercially reasonable efforts to cause the assignor of such agreement to be released from its obligations under the assigned agreements.
Appears in 3 contracts
Samples: Distribution Agreement (Newport News Shipbuilding Inc), Distribution Agreement (Newport News Shipbuilding Inc), Distribution Agreement (Newport News Shipbuilding Inc)
Obligations of Assignees. The assignee of any agreement assigned, in whole or in part, hereunder (an "AssignedASSIGNEE") shall, as a condition to such assignment, assume and agree to pay, perform, perform and fully discharge all obligations of the assignor under such agreement (whether such obligations arose or were incurred prior to, on or subsequent to the Distribution Date and irrespective of whether such obligations have been asserted as of the Distribution Date) or, in the case of a partial assignment under Section 2.06(c2.06(c)(ii) above, such Assignee's related portion of such obligations as determined in accordance with the terms of the relevant agreement, where determinable on the face thereof, and or otherwise as determined in accordance with the practice of the parties prior to the Distribution. Furthermore, the Assignee shall use its commercially reasonable efforts to cause the assignor of such agreement to be released from its the Assignee's obligations under the assigned agreements.
Appears in 2 contracts
Samples: Distribution Agreement (Tenneco Packaging Inc), Distribution Agreement (Pactiv Corp)
Obligations of Assignees. The assignee of any agreement assigned, in whole or in part, hereunder (an "AssignedASSIGNEE") shall, as a condition to such assignment, assume and agree to pay, perform, perform and fully discharge all obligations of the assignor under such agreement (whether such obligations arose or were incurred prior to, on or subsequent to the Distribution Date and irrespective TENNECO DISTRIBUTION AGREEMENT of whether such obligations have been asserted as of the Distribution Date) or, in the case of a partial assignment under Section 2.06(c2.06(c)(ii) above, such Assignee's related portion of such obligations as determined in accordance with the terms of the relevant agreement, where determinable on the face thereof, and or otherwise as determined in accordance with the practice of the parties prior to the Distribution. Furthermore, the Assignee shall use its commercially reasonable efforts to cause the assignor of such agreement to be released from its the Assignee's obligations under the assigned agreements.
Appears in 1 contract
Obligations of Assignees. The assignee of any agreement assigned, in whole or in part, hereunder (an "AssignedASSIGNEE") shall, as a condition to such assignment, assume and agree to pay, perform, and fully discharge all obligations of the assignor under such agreement (whether such obligations arose or were incurred prior to, on or subsequent to the Distribution Date and irrespective of whether such obligations have been asserted as of the Distribution Date) or, in the case of a partial assignment under Section 2.06(cSECTION 2.06(C) above, such Assignee's related portion of such obligations as determined in accordance with the terms of the relevant agreement, where determinable on the face thereof, and otherwise as determined in accordance with the practice of the parties prior to the Distribution. Furthermore, the Assignee shall use its commercially reasonable efforts to cause the assignor of such agreement to be released from its obligations under the assigned agreements.
Appears in 1 contract
Samples: Distribution Agreement (Single Source Electronic Transactions Inc)