Common use of Successors and Assigns; Termination Clause in Contracts

Successors and Assigns; Termination. Except as otherwise expressly provided herein, this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto; PROVIDED, HOWEVER, (i) this Agreement shall terminate and not apply when (a) Common Stock is no longer held by Xxxxx, TCW or their respective affiliates and (b) no TCW Sub Notes are outstanding, and (ii) any transferee (or successor) of Voting Stock from Xxxxx during the time any TCW Sub Notes shall be outstanding shall be bound by SECTION 5 and SECTION 9 hereof and Xxxxx (and Smith's successors) shall condition any transfer of such Voting Stock on the prospective transferee's written acknowledgement of the foregoing and agreement to be bound thereby.

Successors and Assigns; Termination. Except as otherwise expressly provided herein, this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto; PROVIDED, HOWEVER, (i) this Agreement shall terminate and not apply when (a) Common Stock is no longer held by XxxxxSmith, TCW or their respective affiliates and (b) no TCW Sub Notes are outstandingoxxxxxnding, and (ii) any transferee (or successor) of Voting Stock from Xxxxx Smith during the time any TCW Sub Notes shall be outstanding shall be bound by boxxx xy SECTION 5 and SECTION 9 hereof and Xxxxx Smith (and Smith's successors) shall condition any transfer of such Voting Stock Votixx Xxock on the prospective xxx xxospective transferee's written acknowledgement of the foregoing and agreement to be bound thereby.

Successors and Assigns; Termination. Except as otherwise expressly provided herein, this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto; PROVIDED, HOWEVER, (i) this Agreement shall terminate and not apply when (a) Common Stock is no longer held by Xxxxx, TCW or their respective affiliates and (b) no TCW Sub Notes are outstanding, and (ii) any transferee (or successor) of Voting Stock from Xxxxx during the time any TCW Sub Notes shall be outstanding shall be bound by SECTION 5 and SECTION 9 hereof and Xxxxx (and Smith's successors) shall condition any transfer of such Voting Stock on the prospective transferee's written acknowledgement of the foregoing and agreement to be bound thereby.. 9.3