Common use of GRANTORS Clause in Contracts

GRANTORS. Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Seller under this Agreement as if he were “Seller” hereunder, and every reference to “Seller” shall be deemed to include Grantor, including without limitation those references in Section 7.1(a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Grantor covenants and agrees that he or she will not revoke Seller while this Agreement is outstanding.

Appears in 1 contract

Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)

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GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Seller under this Agreement as if he or she were “Seller” hereunder, and every reference to “Seller” shall be deemed to include each Grantor, including without limitation those references in Section 7.1(a7.1 (a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor covenants and agrees that he or she will not revoke Seller while this Agreement is outstanding.

Appears in 1 contract

Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)

GRANTORS. Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Seller under this Agreement as if he were “Seller” hereunder, and every reference to “Seller” shall be deemed to include Grantor, including without limitation those references in Section 7.1(a7.1 (a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and arid agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Grantor covenants and agrees that he or she will not revoke Seller while this Agreement is outstanding.

Appears in 1 contract

Samples: Forward Purchase Agreement (2010 Swift Mandatory Common Exchange Security Trust)

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GRANTORS. Each Grantor hereby makes all representations and warranties and agrees to perform all the covenants and other obligations of Seller Pledgor under this Agreement as if he or she were “SellerPledgor” hereunder, and every reference to “SellerPledgor” shall be deemed to include each Grantor, including without limitation those references in Section 7.1(a) and (b) hereof. All the covenants and agreements contained in this Agreement by or on behalf of either Grantor shall bind and be enforceable by, and inure to the benefit of, its successors and assigns whether so expressed or not, including without limitation, the estate of each Grantor, and the executor, administrator or personal representative of such Grantor, as well as such Grantor’s heirs, assigns, beneficiaries, transferees and distributees, or any receiver or trustee in bankruptcy or representative of such Grantor’s creditors, and shall be enforceable by and inure to the benefit of Grantor and its successors and assigns. In addition, within three months of the appointment of a personal representative of the estate of any deceased Grantor, such personal representative shall enter into an agreement assuming all of the obligations of this Agreement and agreeing not to challenge this Agreement, and failure to do so shall be an Event of Default hereunder. Each Grantor covenants and agrees that he if the Collateral passes to his or she her estate, death will not revoke Seller while terminate the pledge of Collateral hereunder, and the personal representative of the estate will not make any distributions of the Collateral required hereunder from the Grantor’s estate until such time as the provisions of this Agreement is outstandinghave been satisfied and the Collateral Agent provides a release to that effect to such personal representative.

Appears in 1 contract

Samples: Collateral Agreement (2010 Swift Mandatory Common Exchange Security Trust)

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