Common use of Procedures for Assets Not Transferable Clause in Contracts

Procedures for Assets Not Transferable. If any of the contracts or -------------------------------------- agreements or any other property or rights included in the Subject Assets is not assignable or transferable either by virtue of the provisions thereof or under applicable law without the consent of some party or parties and any such consent is not obtained prior to the Closing, this Agreement and the related instruments of transfer shall not constitute an assignment or transfer thereof and, unless otherwise agreed between Buyer and Seller with respect to such contract, Buyer shall assume Seller's economic obligations with respect thereto, and Seller shall use all commercially reasonable efforts to obtain any such consent as soon as possible after the Closing or otherwise obtain for Buyer the practical and economic benefit of such property or rights and Buyer shall use all commercially reasonable efforts to assist in that endeavor.

Procedures for Assets Not Transferable. If any of the contracts or -------------------------------------- agreements or any other property or rights included in the Subject Purchased Assets is are not assignable or transferable either by virtue of the provisions thereof or under applicable law without the consent of some other party or parties parties, and such consents have not been obtained by the Closing Date, Company shall use all reasonable efforts to obtain such consents following the Closing Date and Buyer shall use all reasonable efforts to assist in that endeavor. If any such consent is cannot obtained prior to the Closingbe obtained, this Agreement Agreement, and the related instruments of transfer shall not constitute an assignment or transfer thereof and, unless otherwise agreed between Buyer and Seller with respect to such contract, Buyer shall not assume Seller's economic Company’s obligations with respect thereto; but, and Seller Company shall use all commercially reasonable efforts to obtain any such consent as soon as possible after the Closing Date or otherwise obtain for Buyer the practical and economic benefit of such property or rights rights; and Buyer shall use all commercially reasonable efforts to assist in that endeavor.

Procedures for Assets Not Transferable. If any of the contracts or -------------------------------------- agreements or any other property or rights included in the Subject Assets is not assignable or transferable either by virtue of the provisions thereof or under applicable law without the consent of some party or parties and any such consent is not obtained prior to the Closing, this Agreement and the related instruments of transfer shall not constitute an assignment or transfer thereof and, unless otherwise agreed between Buyer and Seller Sellers with respect to any such contract, Buyer shall not assume Seller's economic the Sellers' obligations with respect thereto, and Seller but Sellers shall use all commercially reasonable efforts to obtain any such consent as soon as possible after the Closing or otherwise obtain for Buyer the practical and economic benefit of such property or rights and Buyer shall use all commercially reasonable efforts to assist in that endeavor.

Procedures for Assets Not Transferable. If any of the contracts or -------------------------------------- agreements or any other property or rights included in the Subject Assets is not assignable or transferable either by virtue of the provisions thereof or under applicable law without the consent of some party or parties and any such consent is not obtained prior to the Closing, this Agreement and the related instruments of transfer shall not constitute an assignment or transfer thereof and, unless otherwise agreed between Buyer and Seller with respect to any such contract, Buyer shall not assume the Seller's economic obligations with respect thereto, and but Seller shall use all commercially reasonable efforts to obtain any such consent as soon as possible after the Closing or otherwise obtain for Buyer the practical and economic benefit of such property or rights and Buyer shall use all commercially reasonable efforts to assist in that endeavor. In the event the Seller and a vendor continue to be parties to an agreement after the Closing as a result of a required consent not having been obtained, the Buyer shall perform under such agreement if it receives the benefits thereof.

Procedures for Assets Not Transferable. If any of the contracts or -------------------------------------- agreements or any other property or rights included in the Subject Assets is not assignable or transferable either by virtue of the provisions thereof or under applicable law without the consent of some party or parties and any such consent is not obtained prior to the Closing, this Agreement and the related instruments of transfer shall not constitute an assignment or transfer thereof and, unless otherwise agreed between Buyer and Seller with respect to such contract, Buyer shall not assume Seller's economic obligations with respect thereto, and but Seller shall use all commercially reasonable efforts to obtain any such consent as soon as possible after the Closing or otherwise obtain for Buyer the practical and economic benefit of such property or rights and Buyer shall use all commercially reasonable efforts to assist in that endeavor.