Common use of Parties Bound; Assignment Clause in Contracts

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (i) the Assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (ii) all of the Earnest Money must have bexx xxxxvered in accordance herewith, (iii) the Inspection Period shall be deemed to have ended, (iv) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's obligations, and (v) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten (10) days prior to Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Kronos Inc)

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Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (iib) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's obligations, and (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten five (105) days prior to Closing, and (f) the requirements in 0 are satisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with PurchaserPurchaser or an affiliate of Purchaser owned by Pxxx X. Xxxxxxx, (iib) all of the Earnest Exxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's ’s obligations, and (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten (10) days prior to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (McAfee Corp.)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (iib) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's ’s obligations, and (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten (10) days prior to Closing, and (f) the requirements in Section 12.17 are satisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (iib) all of the Earnest Exxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's ’s obligations, and (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten (10) days prior to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser Subject to Section 12.16 below, Buyer may assign its rights under this Agreement upon the following conditions: (i) the Assignee assignee of Purchaser Buyer must be an affiliate of Purchaser Buyer or an entity controlling, controlled by, or under common control with Purchaser, Buyer; (ii) all of the Earnest Exxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iii) the Inspection Period shall be deemed to have ended, (iv) the assignee of Purchaser Buyer shall assume all obligations of Purchaser Buyer hereunder, but Purchaser Buyer shall remain primarily liable for the performance of Purchaser's Buyer’s obligations, and (v) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten four (104) business days prior to Closing; and (vi) there shall be no increase or “mxxx-up” of the Purchase Price.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hines Real Estate Investment Trust Inc)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (iib) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's obligations, and including, without limitation, all matters under SECTION 10.1 above, (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten (10) days prior to Closing, and (f) the requirements in SECTION 12.17 are satisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

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Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (i1) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (ii) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iii) the Inspection Period shall be deemed to have ended, (iv) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's obligations, and (v) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at the Closing, but Purchaser will notify Seller in writing of the name of such assignee at least ten five (105) business days prior to Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hittite Microwave Corp)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (ia) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (iib) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, (iiic) the Inspection Period shall be deemed to have ended, (ivd) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's ’s obligations, and (ve) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten five (105) days Business Days prior to Closing, and (f) the requirements in Section 12.16 are satisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NTS Realty Holdings Lp)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser Buyer may only assign its rights under this Agreement upon the following conditions: (i) the Assignee assignee of Purchaser Buyer must be an affiliate of Purchaser Buyer or an entity controlling, controlled by, or under common control with Purchaser, Buyer; (ii) all of the Earnest Xxxxxxx Money must have bexx xxxxvered been delivered in accordance herewith, ; (iii) the Inspection Period shall be deemed to have ended, ; (iv) the assignee of Purchaser Buyer shall assume all obligations of Purchaser Buyer hereunder, but Purchaser Buyer shall remain primarily liable for the performance of Purchaser's Buyer’s obligations, and ; (v) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten five (105) days prior to Closing; and (vi) there shall be no increase or “xxxx up” of the Purchase Price.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Terreno Realty Corp)

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may assign its rights under this Agreement upon the following conditions: (i) the Assignee assignee of Purchaser must be an affiliate of Purchaser or an entity controlling, controlled by, or under common control with Purchaser, (ii) all of the Earnest Money must have bexx xxxxvered in accordance herewith, (iii) the Inspection Period shall be deemed to have ended, (iv) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser's obligations, and (v) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least ten five (105) days prior to Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Capital Lease Funding Inc)

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