Rights Under Certain Agreements. All rights under a Transaction Agreement.
Rights Under Certain Agreements. The Company shall enforce all of its rights under the Asset Purchase Agreement, including without limitation its rights under Article XIV thereof, and the other Transaction Agreements against the Seller and IIT, unless it would not be commercially reasonable to enforce such rights.
Rights Under Certain Agreements. All rights under the Transaction Documents and any Seller Contracts set forth in Schedule 1.2(e);
Rights Under Certain Agreements. All rights of Seller under the Transaction Documents;
Rights Under Certain Agreements. The Borrower hereby grants, transfers and assigns to the Offshore Collateral Agent for the benefit and on behalf of the Secured Parties, as security for the Secured Obligations and the Borrower's other obligations under the Financing Documents, and grants a security interest in, all of its right, title and interest in and to (a) the Construction Agreements, (b) the Operator's Agreement, (c) the Power Supply Agreements, (d) the Port Services Agreement, (e) the Shareholders Agreement and (f) the Transportation Agreements (collectively, the "Assigned Agreements") and all claims resulting from any failure of performance or compliance with any of the provisions of the such Assigned Agreements, together with full power and authority, in the name of the Borrower or otherwise, to enforce such Assigned Agreements against the counterparties thereto. On or prior to the Closing Date, the Borrower shall give or cause to be given written notice of the security interest in the Assigned Agreements created hereunder to each of the counterparties to such Assigned Agreements and shall obtain from each such counterparty, and deliver to the Offshore Collateral Agent, a consent to and acknowledgement of the security interest granted in this Section 3.03 in the applicable Assigned Agreement, addressed to the Borrower.
Rights Under Certain Agreements. Notwithstanding the assignment, transfer and conveyance as part of the Purchased Assets of any contract, agreement or arrangement containing non-competition, non-solicitation, confidentiality and/or work product assignment provisions or similar provisions applicable to a third party (the “Protective Provisions”) for the benefit of Seller and/or its Subsidiaries, Seller hereby retains the right to enforce each and every Protective Provision of each such contract, agreement or arrangement against such third party, except to the extent such Protective Provision relates to the Enterprise Group. In furtherance of the foregoing, Buyer shall, at the written request of Seller and at Seller’s cost and expense, use its commercially reasonable efforts to (a) cooperate with Seller in its pursuit and prosecution of any claim to enforce any such Protective Provision or any other rights or remedies available under such contract, agreement or arrangement against such third party (including specific performance and/or immediate injunctive or other equitable relief), (b) act in the role of Seller’s agent with respect to any claim under such contract, agreement or arrangement to enforce any such Protective Provision or any other rights or remedies available under such contract, agreement or arrangement (including specific performance and/or immediate injunctive or other equitable relief) and pursue and prosecute any claim to enforce any such Protective Provision or any other rights or remedies available under such contract, agreement or arrangement against such third party (including specific performance and/or immediate injunctive or other equitable relief), and (c) take such other commercially reasonable actions as are requested by Seller in connection therewith to pursue and prosecute any claim to enforce any such Protective Provision or any other rights or remedies available under such contract, agreement or arrangement against such third party on behalf of Seller (including specific performance and/or immediate injunctive or other equitable relief); provided that (i) Seller shall indemnify and hold harmless Buyer from any Losses to the extent arising in connection from any third-party claim arising from actions requested by Seller and taken by Buyer pursuant thereto in compliance with subsections (a), (b) or (c) of this Section 8W, (ii) Buyer shall not be required to comply with subsections (a), (b) or (c) of this Section 8W (x) in claims against third parties that are ...
Rights Under Certain Agreements. All rights under a Transaction Agreement. The parties hereby agree that, in the event Purchaser and/or Parent identify on or before the Inventory Adjustment Date assets, Intellectual Property Rights, or property which Purchaser and/or Parent believe should have been requested to be included as Purchased Assets but which do not appear on the applicable Appendices, Schedules or Exhibits to this Agreement, the parties shall use their respective commercially reasonable best efforts to agree upon the terms upon which such transfer shall occur.
Rights Under Certain Agreements. All of Company’s rights under the Transaction Agreements.
Rights Under Certain Agreements. All rights in and under any non-competition, confidentiality and proprietary information agreements applicable to the Business (provided that the Seller will also retain such rights as they relate to the Excluded Business); and
Rights Under Certain Agreements. All rights of the Seller under this Agreement (including any rights of the Seller relating to the Excluded Assets and the right to receive the purchase price hereunder), all rights of the Seller under any agreement, certificate, instrument or other document executed and delivered by the Seller and the Buyer in connection with the transactions contemplated hereby, or any other agreement between the Seller and the Buyer entered into during the Pre-Closing Period;
