Common use of Binding Effect; Assignment; Third-Party Beneficiaries Clause in Contracts

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser may assign its rights pursuant to this Agreement to an Affiliate of Purchaser or to an acquirer of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunder. In addition, Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, the Parent or the Purchaser may assign its rights and obligations pursuant to this Agreement to an Affiliate Agreement, in whole or in part, in connection with any disposition or transfer of all or any portion of the Parent or the Purchaser or to an acquirer its business in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, the Parent or the Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, the Parent or the Purchaser as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII VI with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Parent or Purchaser may assign its rights and obligations pursuant to this Agreement to an Affiliate Agreement, in whole or in part, in connection with any disposition or transfer of all or any portion of Parent or Purchaser or to an acquirer its business in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, Parent or Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, Parent or Purchaser as collateral security without the consent of any of the other Parties. Except as provided in Section 4.5(b)(i) with respect to underwriters entitled to enforce such provision and ARTICLE VIII VII with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third third-party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser may assign its rights and obligations pursuant to this Agreement to an Affiliate Agreement, in whole or in part, in connection with any disposition or transfer of Purchaser all or to an acquirer any portion of Purchaser, the Company or their respective businesses in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, of Purchaser or Company as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII VI with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser Parent may assign its rights and obligations pursuant to this Agreement to an Affiliate Agreement, in whole or in part, in connection with any disposition or transfer of Purchaser all or to an acquirer any portion of Parent, the Company, Wholesale Holdings or their respective businesses in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, Purchaser Parent may assign any or all of its rights pursuant to this Agreement and the Escrow Agreement to any lender to PurchaserParent, Wholesale Holdings or the Company as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII VII with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser may assign its rights and obligations pursuant to this Agreement to an Affiliate Agreement, in whole or in part, in connection with any disposition or transfer of Purchaser all or to an acquirer any portion of Purchaser, the Company or the Company’s Subsidiaries or their respective businesses in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, the Company or any of the Company’s Subsidiaries as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII VII with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser may assign its rights pursuant to this Agreement to an Affiliate of Purchaser or to an acquirer of the Purchaser in a merger, asset sale or sale of ownership interestsPurchaser’s Parent, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunder. In addition, Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.

Binding Effect; Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns; provided, however, that no Party may assign its rights and/or obligations hereunder without the consent of the other Parties. Notwithstanding the foregoing, Purchaser may assign its rights and obligations pursuant to this Agreement Agreement, in whole or in part, to an any Affiliate of Purchaser, or in connection with any disposition or transfer of all or any portion of Purchaser or to an acquirer any Company or their respective businesses in any form of transaction without the consent of any of the Purchaser in a merger, asset sale or sale of ownership interests, provided, however, any such assignment shall not relieve Purchaser of its obligations hereunderother Parties. In addition, Purchaser may assign any or all of its rights pursuant to this Agreement to any lender to Purchaser, Purchaser or any Company as collateral security without the consent of any of the other Parties. Except as provided in ARTICLE VIII VI with respect to Persons entitled to indemnification thereunder, nothing in this Agreement shall create or be deemed to create any third party beneficiary rights in any Person.