PARTIES IN INTEREST; THIRD PARTY BENEFICIARIES ASSIGNMENT. This Agreement shall bind and inure to the benefit of the Issuers, the Purchasers and their respective successors and assigns. Insight is an intended third party beneficiary of Section 2.1(c) and the Purchasers' representations and warranties to the Company set forth in Section 5.2(d) hereof, and the holders of the Existing Debentures are intended third party beneficiaries of the rights of the holders of the Aggregate Convertible Debentures as specifically provided hereunder. No party hereto may assign this Agreement, any other Financing Document or any of its rights, interests or obligations hereunder or thereunder without the prior written consent of the other parties; provided, however, that each Purchaser may assign any of its rights under this Agreement, any other Financing Document or any other document or investment contemplated hereby to any Affiliate, member or limited partner of such Purchaser.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Insight Venture Partners Iv Lp), Securities Purchase Agreement (Exchange Applications Inc), Securities Purchase Agreement (Kruttschnitt Theodore H Iii)
PARTIES IN INTEREST; THIRD PARTY BENEFICIARIES ASSIGNMENT. This Agreement shall bind and inure to the benefit of the Issuers, the Purchasers and their respective successors and assigns. Insight is an intended third party beneficiary of Section 2.1(c) and the Purchasers' representations and warranties to the Company set forth in Section 5.2(d5.2(d)(6) hereof, and the holders of the Existing Debentures are intended third party beneficiaries of the rights of the holders of the Aggregate Convertible Debentures as specifically provided hereunder. No party hereto may assign this Agreement, any other Financing Document or any of its rights, interests or obligations hereunder or thereunder without the prior written consent of the other parties; provided, however, that each Purchaser may assign any of its rights under this Agreement, any other Financing Document or any other document or investment contemplated hereby to any Affiliate, member or limited partner of such Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Exchange Applications Inc)