Successors; No Third-Party Beneficiaries. This Agreement shall not be assignable, except that (i) Supplier may, after giving notice to Purchaser, assign its rights and obligations under this Agreement so long as the assignee agrees in writing to assume Supplier’s obligations hereunder; provided, that Supplier shall not assign its rights and obligations under this Agreement to a competitor of Purchaser in the PET preform and container industry without the prior written consent of Purchaser, and (ii) Purchaser may, and hereby gives notice to Supplier that it intends to, pledge its rights and obligations under this Agreement to its lenders as collateral to secure indebtedness outstanding under its senior secured credit facility and all renewals, refundings, refinancings and replacements thereof. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall (a) confer on any person other than the parties hereto and their respective successors or permitted assigns any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of this Agreement, or (b) constitute the parties hereto as partners or as participants in a joint venture. This Agreement shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms of this Agreement.
Appears in 10 contracts
Samples: Faba Supply Agreement, Voghiera Pet Preform Supply and Lease of Related Assets Agreement (Constar International Inc), Voghiera Pet Preform Supply and Lease of Related Assets Agreement (Constar Inc)
Successors; No Third-Party Beneficiaries. This Agreement shall not be assignable, except that (i) Supplier a Crown Entity may, after giving notice to PurchaserConstar, Inc., assign its rights and obligations under this Agreement so long as the assignee agrees in writing to assume Supplier’s obligations hereunderAgreement; provided, that Supplier a Crown Entity shall not assign its rights and obligations under this Agreement to a competitor of Purchaser Constar, Inc. in the PET preform and container industry without the prior written consent of PurchaserConstar, Inc., and (ii) Purchaser Constar, Inc. may, and hereby gives notice to Supplier Crown that it intends to, pledge its rights and obligations under this Agreement to its Constar’s lenders as collateral to secure indebtedness outstanding under its Constar’s senior secured credit facility and all renewals, refundings, refinancings and replacements thereof. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall (a) confer on any person other than the parties hereto and their respective successors or permitted assigns any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of this Agreement, or (b) constitute the parties hereto as partners or as participants in a joint venture. This Agreement shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms of this Agreement.
Appears in 6 contracts
Samples: Research and Development, Research and Development Agreement, Research and Development Agreement (Constar International Inc)
Successors; No Third-Party Beneficiaries. This Agreement shall not be assignable, except that (i) Supplier either party may, after giving notice to Purchaserthe other party, assign its rights and obligations under this Agreement so long as the assignee agrees in writing to assume Suppliersuch party’s obligations hereunder; provided, that Supplier neither party shall not assign its rights and obligations under this Agreement to a competitor of Purchaser in the PET preform and container industry other party without the prior written consent of Purchaserthe other party, and (ii) Purchaser Supplier may, and hereby gives notice to Supplier Purchaser that it intends to, pledge its rights and obligations under this Agreement to its lenders as collateral to secure indebtedness outstanding under its senior secured credit facility and all renewals, refundings, refinancings and replacements thereof. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall (a) confer on any person other than the parties hereto and their respective successors or permitted assigns any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of this Agreement, or (b) constitute the parties hereto as partners or as participants in a joint venture. This Agreement shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms of this Agreement.
Appears in 3 contracts
Samples: Supply and Lease Agreement (Constar International Inc), Newark Plastic Components Supply and Lease of Related Assets Agreement (Constar Inc), Supply and Lease Agreement (Constar International Inc)