Common use of Joint Contracts Clause in Contracts

Joint Contracts. 4.2.1 EFPL shall use reasonable endeavours to effect the assignment (with the consent of the relevant counterparty or counterparties) to the relevant Purchaser, or the novation in favour of the relevant Purchaser (in each case as notified by the Purchasers to EFPL as soon as practicable following signing of this Agreement), of EFPL's benefit, interest, rights and liabilities in or under such part of the Joint Contracts as relates exclusively to the Business, such assignment or novation to be in the form of the Joint Contract Deed of Assignment or the Joint Contract Deed of Novation (as appropriate) and to take effect from the Completion Date. EFPL's obligations under this Clause 4.2 will not require it to do anything which may prejudice EFPL's own benefits, interests and rights under the Joint Contracts insofar as they relate to retained businesses of EFPL or of its Group. 4.2.2 The provisions of Clauses 4.1 and 8.3 shall apply, MUTATIS MUTANDIS (but as if the references in those Clauses to CONTRACTS were to JOINT CONTRACTS), in respect of that part of any Joint Contract (specified in the Joint Contract Notification) relating exclusively to the Business. 4.2.3 The provisions of Clauses 7.1.4 and 7.1.5 and Clauses 7.2 and 7.3 shall apply, MUTATIS MUTANDIS, to the obtaining of consents from Joint Contract counterparties to the assignment or novation as appropriate of that part of any Joint Contract (specified in the Joint Contract Notification) relating exclusively to the Business. 4.2.4 EFPL shall not be required to assign or novate that part of a Joint Contract relating exclusively to the Business otherwise than to or in favour of the relevant Purchaser where any Third Party Consent is required. 4.2.5 Purchaser A agrees that the provisions of this Clause 4.2 shall apply to additional joint contracts (not listed in Schedule 9) which are notified by EFPL to Purchaser A in writing following signing of this Agreement and which have been entered into: (i) in the ordinary course of trading; or (ii) outside the ordinary course of trading but on arms-length commercial terms. EFPL and Purchaser A agree that they will in good faith discuss and seek to agree appropriate arrangements in respect of additional joint contracts notified to Purchaser A and not falling within (i) or (ii) above.

Joint Contracts. 4.2.1 EFPL shall use reasonable endeavours to effect the assignment (with the consent of the relevant counterparty or counterparties) to the relevant Purchaser, or the novation in favour of the relevant Purchaser (in each case as notified by the Purchasers to EFPL as soon as practicable following signing of this Agreement), of EFPL's benefit, interest, rights and liabilities in or under such part of the Joint Contracts as relates exclusively to the Business, such assignment or novation to be in the form of the Joint Contract Deed of Assignment or the Joint Contract Deed of Novation (as appropriate) and to take effect from the Completion Date. EFPL's obligations under this Clause 4.2 will not require it to do anything which may prejudice EFPL's own benefits, interests and rights under the Joint Contracts insofar as they relate to retained businesses of EFPL or of its Group. 4.2.2 The provisions of Clauses 4.1 and 8.3 8.2 shall apply, MUTATIS MUTANDIS (but as if the references in those Clauses to CONTRACTS were to JOINT CONTRACTS), in respect of that part of any Joint Contract (specified in the Joint Contract Notification) relating exclusively to the Business. 4.2.3 The provisions of Clauses 7.1.4 and 7.1.5 and Clauses 7.2 and 7.3 shall apply, MUTATIS MUTANDIS, to the obtaining of consents from Joint Contract counterparties to the assignment or novation as appropriate of that part of any Joint Contract (specified in the Joint Contract Notification) relating exclusively to the Business. 4.2.4 EFPL shall not be required to assign or novate that part of a Joint Contract relating exclusively to the Business otherwise than to or in favour of the relevant Purchaser where any Third Party Consent is required. 4.2.5 Purchaser A agrees that the provisions of this Clause 4.2 shall apply to additional joint contracts (not listed in Schedule 9) which are notified by EFPL to Purchaser A in writing following signing of this Agreement and which have been entered into: (i) in the ordinary course of trading; or (ii) outside the ordinary course of trading but on arms-length commercial terms. EFPL and Purchaser A agree that they will in good faith discuss and seek to agree appropriate arrangements in respect of additional joint contracts notified to Purchaser A and not falling within (i) or (ii) above.