Successors and Assigns; Third Party Beneficiary. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided that Stockholder may not assign, delegate or otherwise transfer any of Stockholder’s rights or obligations under this Agreement without the prior written consent of Parent. Any assignment, delegation or transfer in violation of the foregoing shall be null and void. The Company and, in any Extension Period, the purchaser in a Superior Transaction are each express third-party beneficiaries of this Agreement and, subject to the foregoing, shall have the express right to enforce this Agreement without the consent or any other action of Parent.
Appears in 4 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (Oracle Corp), Tender and Support Agreement (Netsuite Inc)
Successors and Assigns; Third Party Beneficiary. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided provided, however, that Stockholder may not assign, delegate or otherwise transfer any of Stockholder’s rights or obligations under this Agreement without the prior written consent of Parent. Any assignment, delegation or transfer in violation of the foregoing shall be null and void. The Company and, in any Extension Period, the purchaser in a Superior Transaction are each is an express third-party beneficiaries beneficiary of this Agreement and, subject to the foregoing, shall have the express right to enforce this Agreement without the consent or any other action of Parent.
Appears in 2 contracts
Samples: Tender and Support Agreement (Adobe Systems Inc), Tender and Support Agreement (Tubemogul Inc)