Successors and Amendment. 10.1. No party shall assign this Agreement without the prior written consent of the other party; provided that a party may assign this Agreement without the consent of the other party to any affiliate of the assigning party with the legal authority and operational ability to satisfy the obligations of the assigning party under this Agreement. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the Dealer Manager and the Company and their respective successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person any right, remedy or claim, except as otherwise specifically provided herein. 10.2. This Agreement may be amended by the written agreement of the Dealer Manager and the Company.
Appears in 5 contracts
Samples: Dealer Manager Agreement (Applied Digital Corp.), Dealer Manager Agreement (Stirling Hotels & Resorts, Inc.), Dealer Manager Agreement (Applied Digital Corp.)
Successors and Amendment. 10.1. No party shall assign this Agreement without the prior written consent of the other party; provided that a party may assign this Agreement without the consent of the other party to any affiliate of the assigning party with the legal authority and operational ability to satisfy the obligations of the assigning party under this Agreement. Subject to the foregoing, this This Agreement shall inure to the benefit of and be binding upon the Dealer Manager and the Company and their respective successors and assignspermitted assigns and shall inure to the benefit of the Participating Dealers to the extent set forth in Sections 1 and 5 hereof. Nothing in this Agreement is intended or shall be construed to give to any other person any right, remedy or claim, except as otherwise specifically provided herein.
10.2. This Agreement may be amended only by the written agreement of the Dealer Manager and the Company.
10.3. Neither the Company nor the Dealer Manager may assign or transfer any of such party’s rights or obligations under this Agreement without the prior written consent of the Dealer Manager, on the one hand, or the Company, on the other hand.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Prospect Flexible Income Fund, Inc.), Dealer Manager Agreement (TP Flexible Income Fund, Inc.), Dealer Manager Agreement (TP Flexible Income Fund, Inc.)
