Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 72 contracts
Samples: Share Exchange and Reorganization Agreement (Get Real USA, Inc.), Agreement and Plan of Merger (Blackcraft Cult, Inc.), Agreement and Plan of Merger (Capstone Financial Group, Inc.)
Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of each party the parties hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing . Nothing in this Agreement, express or implied, Agreement is intended to confer, expressly or shall confer by implication, upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement., except for the indemnitees covered by Section 5.14
Appears in 8 contracts
Samples: Agreement and Plan of Merger (United National Bancorp), Amended and Restated Agreement and Plan of Merger (United National Bancorp), Agreement and Plan of Merger (Wayne Bancorp Inc /De/)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.114.9, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Your Domain Com), Agreement and Plan of Merger (Saveyoutime Com Inc), Agreement and Plan of Merger (Knowledge Foundations Inc/De)
Parties in Interest. This Agreement shall will be binding upon and inure solely to the benefit of each party the parties hereto and its successors and their permitted assignsassigns in accordance with Section 10.8, and except as provided in Sections 4.9 Section 8.8, Section 10.17 and 4.11Section 10.21, nothing in this Agreement, express or implied, is intended to or shall will be construed to or will confer upon any other person Person any rightsright, benefits claim, cause of action, benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement, including by way of subrogation.
Appears in 5 contracts
Samples: Share Purchase Agreement (Revelyst, Inc.), Share Purchase Agreement (Outdoor Products Spinco Inc.), Share Purchase Agreement (Outdoor Products Spinco Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party the parties hereto and its their respective successors and permitted assignsassigns and, and except as expressly provided in Sections 4.9 Section 6.7, Section 7.2 and 4.11Article 10 and Article 12, nothing in this Agreement, express or implied, is intended intend to or shall confer upon any other person Person (other than the Representative, in its capacity as set forth herein) any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 5 contracts
Samples: Tax Matters Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Contribution Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Contribution Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 5.9 and 4.118.2, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (K2 Inc), Agreement and Plan of Merger and Reorganization (K2 Inc), Agreement and Plan of Merger and Reorganization (K2 Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.7, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Texas Instruments Inc), Agreement and Plan of Merger (Texas Instruments Inc), Agreement and Plan of Merger (Burr Brown Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 4.10 and 4.117.2, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Verisity LTD), Agreement and Plan of Merger (K2 Inc), Agreement and Plan of Merger (Cadence Design Systems Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.3, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Probility Media Corp), Stock Purchase Agreement (Probility Media Corp), Membership Interest Purchase Agreement (Code Rebel Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 Section 5.6 and 4.11this Article VIII, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Citigroup Inc), Agreement and Plan of Merger (CBP Holdings Inc), Agreement and Plan of Merger (Guardian Fiberglass Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignssuccessors, and except as provided in Sections 4.9 and 4.11Section 5.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Triple Crown Media, Inc.), Agreement and Plan of Merger (Triple Crown Media, Inc.), Agreement and Plan of Merger (Bull Run Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing Nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other person than the parties and their respective successors and permitted assigns any rightslegal or equitable right, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement, other than with respect to the provisions of Section 5.9, which shall inure to the benefit of the Persons benefiting therefrom, who are hereby intended to be third-party beneficiaries thereof.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Knowles Corp), Agreement and Plan of Merger (Audience Inc), Agreement and Plan of Merger (Ingredion Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, except with respect to Sections 2.09, 3.02 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.116.05, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (JPF Acquisition Corp), Agreement and Plan of Merger (Jevic Transportation Inc), Agreement and Plan of Merger (Jevic Transportation Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing . Nothing in this Agreement, express or implied, other than the right to receive the consideration payable in connection with the Merger pursuant to ARTICLE IV hereof other than SECTIONS 6.15, 6.16 AND 6.17 hereof, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Divine Inc), Agreement and Plan of Merger (Divine Inc), Agreement and Plan of Merger (Open Market Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.1, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Blink Charging Co.), Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (AMERI Holdings, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 5.9 and 4.118.2 hereof, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Fastclick Inc), Acquisition Agreement and Option Agreement (Us Wireless Online Inc), Agreement and Plan of Merger and Reorganization (Valueclick Inc/Ca)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 5.9 and 4.115.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 4 contracts
Samples: Agreement of Purchase (Musician's Exchange), Agreement of Purchase (Musician's Exchange), Agreement of Purchase (Musician's Exchange)
Parties in Interest. This Except as provided in Section 3.3(h) hereof, this Agreement is binding upon, and shall be binding upon and inure solely to the benefit of of, each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall will confer upon any other person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Voting Agreement (Interstate Hotels Corp), Form of Voting Agreement (Interstate Hotels Management Inc), Voting Agreement (Wyndham International Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and and, except as provided in Sections 4.9 and 4.11Section 4.6, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity other than the parties hereto any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.. SECTION 7.7
Appears in 3 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Steck Vaughn Publishing Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Steck Vaughn Publishing Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Steck Vaughn Publishing Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.5, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Ness Technologies Inc), Agreement and Plan of Merger (General Electric Capital Corp), Agreement and Plan of Merger (Security Capital Group Inc/)
Parties in Interest. This Subject to Section 3.3, this Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Voting Agreement (Validus Holdings LTD), Voting Agreement (Validus Holdings LTD), Voting Agreement (Validus Holdings LTD)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and and, except as provided set forth in Sections 4.9 and 4.11Section 5.17, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Webmethods Inc), Agreement and Plan of Merger (Webmethods Inc), Agreement and Plan of Merger (Webmethods Inc)
Parties in Interest. This Subject to the provisions regarding assignment in Section 10.5 above, this Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase and Sale Agreement (Transmedia Network Inc /De/), Stock Purchase and Sale Agreement (Samstock LLC), Stock Purchase and Sale Agreement (Transmedia Network Inc /De/)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 and 4.11Section 8.2, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Huntsman Packaging Corp), Agreement and Plan of Merger (Haskel International Inc), Agreement and Plan of Merger (Hi Holdings Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, except with respect to Sections 2.03(d), 3.01, 3.02 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, 6.07 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aei Resources Inc), Agreement and Plan of Merger (Vincor Holdings Inc), Agreement and Plan of Merger (Zeigler Coal Holding Co)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party and be binding upon the parties hereto and its their respective successors and permitted assigns, and except . Except as otherwise provided in Sections 4.9 and 4.11this Section 10.6, nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other person than Republic, the Republic Subsidiaries, the Shareholders, or their successors or permitted assigns, any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Republic Industries Inc), Agreement and Plan of Reorganization (Republic Industries Inc), Agreement and Plan of Reorganization (Guy Salmon Usa LTD)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, Section 4.12 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bamboo Com Inc), Agreement and Plan of Merger (Corporatefamily Solutions Inc), Agreement and Plan of Merger (Interactive Pictures Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 5.7 and 4.118.2, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: ) Agreement and Plan of Merger (Uni Marts Inc), Agreement and Plan of Merger (Intel Corp), Agreement and Plan of Merger (Coachmen Industries Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, except with respect to Sections Section 5.6 and its successors Section 5.7 and permitted assigns, and except as provided in Sections 4.9 and 4.11the obligations of the parties following consummation of the Offer which are intended for the benefit of the Company's stockholders, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Networks Associates Inc/), Agreement and Plan of Merger (Networks Associates Inc/), Agreement and Plan of Merger (Cybermedia Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.6, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Leucadia National Corp), Agreement and Plan of Merger (Comverse Technology Inc/Ny/), Voting Agreement (Integrated Orthopedics Inc)
Parties in Interest. This Agreement shall be binding ------------------- upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 4.12 and 4.117.2, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Quickturn Design Systems Inc), Agreement and Plan of Merger (Quickturn Design Systems Inc), Stock Option Agreement (Quickturn Design Systems Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and and, except as provided set forth in Sections 4.9 and 4.11Section 5.13, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Generex Biotechnology Corp), Agreement and Plan of Merger (America Online Inc), Agreement and Plan of Merger (Mapquest Com Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in (other than Sections 4.9 2.2(a), 5.4 and 4.11, 5.5) nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lin Television Corp), Agreement and Plan of Merger (WTNH Broadcasting Inc), Agreement and Plan of Merger (Lin Television Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11Section 5.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Iii 9 Agreement and Plan of Merger (Outdoor Systems Inc), Agreement and Plan of Merger (United States Satellite Broadcasting Co Inc), Agreement and Plan of Merger (General Motors Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and, except for the provisions of Sections 6.06 and except as provided in Sections 4.9 and 4.116.08, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Juno Lighting Inc), Agreement and Plan of Merger (Square D Co), Agreement and Plan of Merger (Fremont Partners Lp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person (including, without limitation, any rights, benefits employee of the Company or any Subsidiary) any rights or remedies of any nature whatsoever under or by reason of this AgreementAgreement except for Sections 4.12 and 4.18 (which are intended to be for the benefit of the persons provided for therein, and may be enforced by such persons.)
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Zany Brainy Inc), Agreement and Plan of Merger (Zany Brainy Inc), Agreement and Plan of Merger (Noodle Kidoodle Inc)
Parties in Interest. This Agreement shall be binding ------------------- upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 Article II (other than Section 2.8), Section 1.3(c) and 4.11, Section 6.6 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of or any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Reltec Corp), Agreement and Plan of Merger (Gec Acquisition Corp), Agreement and Plan of Merger (Gec Acquisition Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, except with respect to Sections 1.09, 5.06 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.115.07, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Communications Instruments Inc), Agreement and Plan of Merger (Corcom Inc), Agreement and Plan of Merger (Thermal Industries Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors be binding upon the parties named herein and permitted their respective successors, assigns, officers, directors, partners, agents, underwriters and except controlling Persons. Except as provided in Sections 4.9 Section 3.06 and 4.11Section 5.08, nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other person than the parties hereto, or their successors or assigns, any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Investor Agreement (Fei Co), Investor Agreement (Koninklijke Philips Electronics Nv), Investor Agreement (Veeco Instruments Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 4.10 and 4.11, 7.2 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ventritex Inc), Agreement and Plan of Merger (St Jude Medical Inc), Agreement and Plan of Merger (St Jude Medical Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.7, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Price Legacy Corp), Agreement and Plan of Merger (Inland Retail Real Estate Trust Inc), Agreement and Plan of Merger (Developers Diversified Realty Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and and, except as provided in Sections 4.9 and 4.11the following sentence, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement. The parties hereto expressly intend the provisions of Section 5.6 to confer a benefit upon and be enforceable by, as third party beneficiaries of this Agreement, the third persons referred to in, or intended to be benefitted by, such provisions.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Fred Meyer Inc), Agreement and Plan of Merger (Food 4 Less Holdings Inc /De/), Agreement and Plan of Merger (Telxon Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 7.5, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits benefits, or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Texas Instruments Inc), Agreement and Plan of Merger (Integrated Sensor Solutions Inc), Agreement and Plan of Merger (Texas Instruments Inc)
Parties in Interest. This Agreement shall be binding ------------------- upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 6.06, 6.11 and 4.119.02 hereof, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Marmon Holdings Inc), Agreement and Plan of Merger (Tie Acquisition Co), Agreement and Plan of Merger (Pritzker Family Philanthropic Fund)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto (and its successors and respective permitted assigns), and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement; provided, however, that notwithstanding anything contained in this Agreement, each Shareholder Designee shall be an express third-party beneficiary of subsection 6.1.8.
Appears in 3 contracts
Samples: Investor Rights Agreement (Daily Mail & General Trust PLC), Investor Rights Agreement (Cazoo Group LTD), Investor Rights Agreement (Ajax I)
Parties in Interest. This Except as otherwise provided in Sections 1.10, 4.7, 5.6, 5.10 and 5.11, this Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person (other than the Continuing Stockholders, who shall be considered third party beneficiaries) any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan (G&l Realty Corp), Agreement and Plan (Gottlieb Daniel M), Agreement and Plan of Merger (G & L Tender LLC)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, other than as contemplated under Section 6.1, Section 7.1 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11Section 7.4, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 3 contracts
Samples: Sponsor Support Agreement (Altitude Acquisition Corp.), Sponsor Voting Agreement (TKB Critical Technologies 1), Form of Wejo Voting Agreement (TKB Critical Technologies 1)
Parties in Interest. This Agreement shall will be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsthe parties hereto, and except as provided in Sections 4.9 8.6, 9, 11.15 and 4.1111.17, nothing in this Agreement, express or implied, is intended to or shall will be construed to or will confer upon any other person Person any rightsright, benefits claim, cause of action, benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement, including by way of subrogation.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (IES Holdings, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 for the provisions of Article III, Section 6.9 and 4.11Section 6.13, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carolina Power & Light Co), Agreement and Plan of Merger (Carolina Power & Light Co)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11SECTION 10.2, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Serengeti Eyewear Inc), Agreement and Plan of Merger (Sunshine Acquisition Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 4.11 and 4.117.3, nothing in this Agreement, Agreement express or implied, implied is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Technitrol Inc), Agreement and Plan of Merger (Gti Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement, except as provided in Section 5.16.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (North American Galvanizing & Coatings Inc), Agreement and Plan of Merger (Azz Inc)
Parties in Interest. This Agreement shall be binding -------------------- upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 Article III and 4.11, Section 7.11 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of or any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gec Acquisition Corp), Agreement and Plan of Merger (Gec Acquisition Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 6.7 and 4.118.2, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GMG Acquisition Corp), Agreement and Plan of Merger (Global Motorsport Group Inc)
Parties in Interest. This Subject to the provisions of Section ------------------- 10.4(c) hereof, this Agreement shall be binding upon and inure solely to the benefit of each party and be enforceable by the parties hereto and its their respective successors and permitted assignsassigns and, and except as provided set forth in Sections 4.9 and 4.11Section 10.4 hereof, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (American Realty Trust Inc), Agreement and Plan of Reorganization (National Realty L P)
Parties in Interest. This Agreement shall will be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsthe parties hereto, and except as provided in Sections 4.9 8.6, 9, 11.16 and 4.1111.18, nothing in this Agreement, express or implied, is intended to or shall will be construed to or will confer upon any other person Person any rightsright, benefits claim, cause of action, benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement, including by way of subrogation.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Healthsouth Corp), Stock Purchase Agreement (Healthsouth Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of of, and be enforceable by, each party hereto Party and its their respective successors and permitted assigns, and, other than as contemplated under Section 6.1, Section 7.1 and except as provided in Sections 4.9 and 4.11Section 7.4, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Voting Agreement (Infinera Corp), Voting Agreement (Nokia Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its be binding upon the parties and their respective successors and permitted assigns. Except as set forth in Section 2.9, Section 5.7 and except as provided in Sections 4.9 and 4.11Section 5.12, nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other person than Parent, the Merger Sub or the Company or their successors or permitted assigns, any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Borland Software Corp), Agreement and Plan of Merger (Segue Software Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto Party hereto, and, except for Sections 2.8, 6.7, 6.8 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.116.19, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Health Properties Inc), Agreement and Plan of Merger (Health Care Property Investors Inc)
Parties in Interest. This Agreement shall be binding upon upon, and shall inure solely to the benefit of each party of, the Parties hereto and its and, except as otherwise prohibited herein, their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11. Subject to Section 4 of this Agreement, nothing contained in this Agreement, either express or implied, is intended to or shall confer upon any other person or entity any rightsbenefits, benefits privileges, rights or remedies of any nature whatsoever under or by reason of this Agreementremedies.
Appears in 2 contracts
Samples: Acquisition and Participation Agreement (Laredo Oil, Inc.), Acquisition and Participation Agreement (Laredo Oil, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, other than the third party rights under Section 6.10.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Shutterfly Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 Section 6.8 and 4.11as otherwise explicitly provided in this Agreement, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Monsanto Co /New/), Agreement and Plan of Merger (Seminis Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto Party and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 Section 6.1 and 4.11Section 8.18, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (McGrath Rentcorp), Stock Purchase Agreement (McGrath Rentcorp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 5.3, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Unit Purchase Agreement (IMAC Holdings, Inc.), Unit Purchase Agreement (Imac Holdings LLC)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its or their respective successors and or permitted assigns, and except . Except as provided in Sections 4.9 Section 4.10 and 4.11Section 5 hereof, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Registration Rights and Stock Transfer Restriction Agreement (Ixia), Registration Rights and Stock Transfer Restriction Agreement (Ixia)
Parties in Interest. This Agreement shall be binding upon upon, and shall inure solely to the benefit of each party hereto of, the Parties and its their respective successors and permitted assigns. Except with respect to Sections 5.2(b), 5.10(d), Article X and except as provided in Sections 4.9 and 4.11Section 13.15, nothing contained in this Agreement, express or implied, is intended to or shall confer upon any other person or entity (other than the Parties, and their respective successors and permitted assigns) any rightsbenefits, benefits rights or remedies of any nature whatsoever under or by reason of this Agreementremedies.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Sandridge Energy Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and Section 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Noble Innovations Inc), Agreement and Plan of Merger (Computer Sciences Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 7.3, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (IMAC Holdings, Inc.), Agreement and Plan of Merger (Selectica Inc)
Parties in Interest. This Agreement shall will be binding upon and upon, inure solely to the benefit of each party and be enforceable by the parties hereto and its their respective successors and permitted assigns, and except . Except as provided set forth in Sections 4.9 and 4.11Section 5.20, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.Agreement upon any Person other than the parties hereto and their successors or permitted assigns. Section 8.10
Appears in 2 contracts
Samples: Share Purchase Agreement (Mitsubishi Ufj Financial Group Inc), Execution Copy Share Purchase Agreement (MUFG Americas Holdings Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement. Section 7.8.
Appears in 2 contracts
Samples: Acquisition Agreement and Plan of Merger, Agreement and Plan of Merger (Vital Living Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, other than pursuant to Section 2.4, Section 2.5, Section 2.6 and Section 5.12, is intended to or shall confer upon any other person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pernix Therapeutics Holdings, Inc.), Agreement and Plan of Merger (Somaxon Pharmaceuticals, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing . Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits benefits, or remedies of any nature whatsoever under or by reason of this Agreement; provided, however, that the provisions of Article 10 shall inure to the benefit of and be enforceable by the Parent Indemnified Parties and the Member Indemnified Parties, who are express third-party beneficiaries hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Applied UV, Inc.), Agreement and Plan of Merger (Applied UV, Inc.)
Parties in Interest. This Agreement shall be binding upon and ------------------- inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 5.7, 5.9(d) and 4.118.2, nothing in this Agreement, Agreement express or implied, implied is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NNG Inc), Agreement and Plan of Merger (Northrop Grumman Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and and, except as provided set forth in Sections 4.9 Section 5.6(a), Section 5.6(f) and 4.11Section 5.13, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Maxim Integrated Products Inc), Agreement and Plan of Merger (Dallas Semiconductor Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11Section 6.8, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Developers Diversified Realty Corp), Agreement and Plan of Merger (JDN Realty Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as expressly provided in Sections 4.9 and 4.11Section 4.6, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Computer Sciences Corp), Purchase Agreement (Services International LLC)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, other than pursuant to Section 2.3, Section 2.4, Section 2.5 and Section 5.12, is intended to or shall confer upon any other person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Medistem Inc.), Agreement and Plan of Merger (Intrexon Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 and 4.11for the provisions of Section 5.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Corillian Corp), Agreement and Plan of Merger (Intelidata Technologies Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignssuccessors, and except as provided in Sections 4.9 5.10 and 4.115.16, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Us Industries Inc), Agreement and Plan of Merger (Zurn Industries Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, other than as contemplated under Section 6.1, Section 7.1 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11Section 7.4, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.. Section 7.10
Appears in 2 contracts
Samples: Sponsor Voting Agreement (Wejo Group LTD), Wejo Voting Agreement (Wejo Group LTD)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as expressly provided herein, including in Sections 4.9 4.11 and 4.117.2, nothing in this Agreement, express or implied, Agreement is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Simplex Solutions Inc), Agreement and Plan of Merger (Cadence Design Systems Inc)
Parties in Interest. This Agreement shall be binding upon upon, and shall inure solely to the benefit of each party hereto of, the Parties and its their respective successors and permitted assigns, . Except with respect to Sections 5.2(b) and except as provided in Sections 4.9 5.10(d) and 4.11Article X, nothing contained in this Agreement, express or implied, is intended to or shall confer upon any other person or entity (other than the Parties, and their respective successors and permitted assigns) any rightsbenefits, benefits rights or remedies of any nature whatsoever under or by reason of this Agreementremedies.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Abraxas Petroleum Corp), Purchase and Sale Agreement (Linn Energy, LLC)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignshereto, and except for the provisions of Section 1.7 and 4.7, which are intended to be for the benefit of the persons referred to therein and their beneficiaries (and may be enforced by such persons as provided in Sections 4.9 and 4.11intended third-party beneficiaries), nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Finishmaster Inc), Agreement and Plan of Merger (Ldi LTD)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 Section 5.8 and 4.11Section 8.2, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Silver David S), Agreement and Plan of Merger (Kofax Image Products Inc)
Parties in Interest. This Agreement shall will be binding upon and upon, inure solely to the benefit of each party and be enforceable by the parties hereto and its their respective successors and permitted assigns, and except . Except as provided set forth in Sections 4.9 and 4.11Section 5.18, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this AgreementAgreement upon any Person other than the parties hereto and their successors or permitted assigns.
Appears in 2 contracts
Samples: Share Purchase Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Share Purchase Agreement (PNC Financial Services Group, Inc.)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto Party and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 and 4.11Section 4.9, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, after the Closing, the owners of the Company Common Units as of immediately prior to the Closing shall be third party beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Emeritus Corp\wa\), Unit Purchase Agreement (Emeritus Corp\wa\)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided in Sections 4.9 Article III, Article IV and 4.11, Section 7.12 nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of or any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elite Information Group Inc), Agreement and Plan of Merger (Eig Acquisition Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 4.12, 4.16 and 4.117.2, nothing in 49 this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American List Corp), Agreement and Plan of Merger (Snyder Communications Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto Party and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 and 4.11Article 10, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Pfsweb Inc), Stock Purchase Agreement (Pfsweb Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto hereto, and, except with respect to Sections 1.03(c), 2.09, 6.07 and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.116.10, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.. SECTION 9.10
Appears in 2 contracts
Samples: Exhibit 1 Execution Copy Agreement and Plan of Merger Agreement and Plan of Merger (Impact Systems Inc /Ca/), Execution Copy Agreement and Plan of Merger Agreement and Plan of Merger (Voith Sulzer Acquisition Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 Section 5.8(e) and 4.11as otherwise explicitly provided in this Agreement, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Quality Dining Inc), Agreement and Plan of Merger (Quality Dining Inc)
Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of each party hereto and its successors and permitted assigns, and and, except as provided set forth in Sections 4.9 and 4.11Section 4.6, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement; provided, that, in addition to Gaming and RAS, the Option Sellers are intended beneficiaries of the representation and warranty contained in Section 2.4 hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Riviera Holdings Corp), Agreement and Plan of Merger (Paulson Allen E)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11Section 5.12, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Metro Networks Inc), Agreement and Plan of Merger (Westwood One Inc /De/)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 Section 6.6, Article 9, this Section 10.8 and 4.11Section 10.19, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Better Choice Co Inc.), Stock Purchase Agreement (Better Choice Co Inc.)
Parties in Interest. This Agreement shall be binding upon and ------------------- inure solely to the benefit of each party hereto and its successors and permitted assigns, and except as provided in Sections 4.9 and 4.11Section 10.2, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shade Acquisition Inc), Agreement and Plan of Merger (Bolle Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its their respective successors and permitted assigns, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, other than pursuant to Article 3 and Section 4.8, is intended to or shall confer upon any other person any rightsright, benefits benefit or remedies remedy of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Party City Corp), Agreement and Plan of Merger (Amscan Holdings Inc)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto Party and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 Section 6.5 and 4.11Section 9.16, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Cognizant Technology Solutions Corp)
Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assignsassigns and, and except as provided in Sections 4.9 4.8, 4.10 and 4.117.2, nothing in this Agreement, Agreement express or implied, implied is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Safeway Inc), Agreement and Plan of Merger (Carr Gottstein Foods Co)
Parties in Interest. This Agreement shall be binding upon upon, and inure solely to the benefit of, each party hereto, and nothing in this Agreement, express of each party hereto and its successors and permitted assignshereto, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, except as expressly provided in Sections 3.2, 3.3, 6.2 and 6.5 (which are intended to be for the benefit of the persons referred to therein and may be enforced by such persons).
Appears in 2 contracts
Samples: Iii Agreement and Plan of Merger (Murdock David H), Iii Agreement and Plan of Merger (Dole Food Company Inc)
Parties in Interest. This Agreement shall be binding upon and inure is solely to for the benefit of each party hereto Party and its their respective successors and assigns permitted assignsunder this Agreement, and except as provided in Sections 4.9 and 4.11, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person Person (other than the Indemnified Persons as provided in ARTICLE 4) any rights, benefits rights or remedies of any nature whatsoever under or by reason of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Fulcrum Bioenergy Inc)
