Common use of Agreements to Be Bound Clause in Contracts

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares by a Non-Xxxxx Stockholder (the “Transferor”) (other than pursuant to a Registration or to Section 2) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”) shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee of a Management Stockholder who resides in a state with a community property system, such Transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee and, if applicable, the Spousal Waiver by the spouse of such Transferee, such Transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor of such Transferee, including, without limitation, if such Transferor was a Management Stockholder, the provisions of Section 2 and 3 (which shall continue to apply as though such Transferor were still the holder of such shares).

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares by a Non-Xxxxx Stockholder TreeHouse Investor (the “Transferor”) (other than pursuant to a Registration the Spin-Off or to Section 2) Sections 7 or 8) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”) shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee of a Management Stockholder who resides in a state with a community property system, such Transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee and, if applicable, the Spousal Waiver by the spouse of such Transferee, such Transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor of such Transferee, including, without limitation, if such Transferor was a Management Stockholder, the provisions of Section 2 Sections 7 and 3 8 (which shall continue to apply as though such Transferor were still the holder of such shares).

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares Shares by a Non-Xxxxx Stockholder (the “Transferor”) an Other Shareholder (other than pursuant to (i) a Registration or to Rule 144 or (ii) Section 2, Section 3 or Section 6 hereof) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”) shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee transferee of a Management Stockholder Shareholder who resides in a state with a community property system, such Transferee transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee transferee and, if applicable, the Spousal Waiver by the spouse of such Transfereetransferee, such Transferee transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor transferor of such Transfereetransferee, including, without limitation, if such Transferor transferor was a Management StockholderShareholder, the provisions of Section 2 and Section 3 (which shall continue to apply as though such Transferor transferor were still the holder of such shares).

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares Shares by a Non-Xxxxx Stockholder (the “Transferor”) Shareholder (other than pursuant to (i) a Registration or to (ii) Section 2, Section 3 or Section 11.3(b)) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”) shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee transferee of a Management Stockholder Shareholder who resides in a state with a community property system, such Transferee transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee transferee and, if applicable, the Spousal Waiver by the spouse of such Transfereetransferee, such Transferee transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor transferor of such Transfereetransferee, including, without limitation, if such Transferor transferor was a Management StockholderShareholder, the provisions of Section 2 and Section 3 (which shall continue to apply as though such Transferor transferor were still the holder of such shares).

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares by a Non-Xxxxx Stockholder TreeHouse Investor (the “Transferor”"TRANSFEROR") (other than pursuant to a Registration the Spin-Off or to Section 2) Sections 7 or 8) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”"TRANSFEREE") shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee of a Management Stockholder who resides in a state with a community property system, such Transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee and, if applicable, the Spousal Waiver by the spouse of such Transferee, such Transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor of such Transferee, including, without limitation, if such Transferor was a Management Stockholder, the provisions of Section 2 Sections 7 and 3 8 (which shall continue to apply as though such Transferor were still the holder of such shares).

Agreements to Be Bound. Notwithstanding anything to the contrary contained in this Agreement, any Transfer of shares Securities by a Non-Xxxxx Stockholder (the “Transferor”) Kelso Securityholder (other than pursuant to (i) a Registration Registration, (ix) Xxle 144(k) under the Securities Act or to Section 2(iii) Sections 2 or 3) shall be permitted under the terms of this Agreement only if the transferee of such Transferor (the “Transferee”) shall agree in writing to be bound by the terms and conditions of this Agreement pursuant to an instrument of assumption reasonably satisfactory in substance and form to the Company, and in the case of a Transferee transferee of a Management Stockholder Securityholder who resides in a state with a community property system, such Transferee transferee causes his or her spouse, if any, to execute a Spousal Waiver in the form of Exhibit A attached hereto. Upon the execution of the instrument of assumption by such Transferee transferee and, if applicable, the Spousal Waiver by the spouse of such Transfereetransferee, such Transferee transferee shall enjoy all of the rights and shall be subject to all of the restrictions and obligations of the Transferor transferor of such Transfereetransferee, including, without limitation, if such Transferor transferor was a Management StockholderSecurityholder, the provisions of Section Sections 2 and 3 (which shall continue to apply as though such Transferor transferor were still the holder of such shares).