Succession and Assignment; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. No Party may assign, delegate, sub‑contract or otherwise transfer either this Agreement or any of its rights, interests or obligations hereunder without the prior written approval of the Company (in the case of a transfer by the Manager) or the Manager (in the case of a transfer by the Company); provided, that the Manager shall be entitled to (a) designate one or more Affiliates of the Manager to perform its obligations hereunder and/or (b) sub‑contract with third parties the performance of its duties under this Agreement, provided that no such designation or sub‑contract arrangement shall relieve any Party of its obligations under this Agreement. Except as expressly provided herein, this Agreement is for the sole benefit of the Parties and nothing in this Agreement (whether expressed or implied) will give or be construed to give any Person, other than the Parties, any legal or equitable rights in connection with this Agreement. Any purported assignment in breach of this Section 12.3 shall be void and confer no rights on the purported assignee.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Cinemark Holdings, Inc.), Management Services Agreement (Cinemark Holdings, Inc.)
Succession and Assignment; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. No Party may assign, delegate, sub‑contract or otherwise transfer either this Agreement or any of its rights, interests or obligations hereunder without the prior written approval of the Company (in the case of a transfer by the ManagerConsultant) or the Manager Consultant (in the case of a transfer by the Company); provided, that the Manager Consultant shall be entitled to (a) designate one or more Affiliates of the Manager Consultant to perform its obligations hereunder and/or (b) sub‑contract with third parties (other than a Class B Competing Business) the performance of its duties under this Agreement, with respect Theater Services provided that no such designation or sub‑contract arrangement shall relieve any Party of its obligations under this Agreement; provided, further, that the Consultant shall not be entitled to assign this Agreement to a Class B Competing Business without the Company’s and Manager’s prior written consent (except where such assignment is a result of the change in Control of Consultant). The Manager is intended to be a third party beneficiary of this Section 6.3. Except as expressly provided herein, this Agreement is for the sole benefit of the Parties and nothing in this Agreement (whether expressed or implied) will give or be construed to give any Person, other than the Parties, any legal or equitable rights in connection with this Agreement. Any purported assignment in breach of this Section 12.3 6.3 shall be void and confer no rights on the purported assignee.
Appears in 2 contracts
Samples: Theater Services Agreement (Cinemark Holdings, Inc.), Limited Liability Company Agreement (Cinemark Holdings, Inc.)
Succession and Assignment; No Third-Party Beneficiaries. This Subject to the immediately following sentence, this Agreement shall be binding upon and inure to the benefit of the Parties parties hereto and their respective successors and permitted assigns, each of which such successors and permitted assigns shall be deemed to be a party hereto for all purposes hereof. No Party party may assign, delegate, sub‑contract delegate or otherwise transfer either this Agreement or any of its rights, interests interests, or obligations hereunder without the prior written approval of the Company (in the case other parties. The terms and provisions of a transfer by the Manager) or the Manager (in the case this Agreement shall not be binding upon any transferee of a transfer by the Company); provided, an Investor that the Manager shall be entitled acquires any securities subject to (a) designate one or more Affiliates of the Manager to perform its obligations hereunder and/or (b) sub‑contract with third parties the performance of its duties under this Agreement, provided except that no such designation or sub‑contract arrangement each Investor shall relieve cause any Party of its Affiliates that acquires Common Stock from an Investor to comply with such Investor’s obligations under this AgreementSection 1.4. Except as expressly provided herein, this Agreement is for the sole benefit of the Parties parties and their permitted successors and assignees and nothing in this Agreement (whether herein expressed or implied) will implied shall give or be construed to give any Personperson or entity, other than the Partiesparties and such successors and assignees, any legal or equitable rights in connection with this Agreement. Any purported assignment in breach of this Section 12.3 shall be void and confer no rights on the purported assigneehereunder.
Appears in 1 contract
Samples: Settlement Agreement (Boston Life Sciences Inc /De)