Named Parties. The parties hereto acknowledge that it may ------------- not be feasible to substitute MMI for Stream International as a named party in any existing Actions constituting MMI Assumed Liabilities. In such event, Stream International shall remain as a named party and will be able to participate in the defense of such Action (with the liability regarding the legal or other expenses for such participation to be determined pursuant to Section 5.4.2 hereof), but following the date hereof, MMI Holdings and MMI shall assume the defense of any such Action in accordance with the provisions of this Section 5.4 and Stream International and its Affiliates shall cooperate with MMI Holdings and MMI as contemplated by Section 5.4 and Article 6 hereof.
Appears in 2 contracts
Sources: Contribution Agreement (Stream International Holdings Inc), Contribution Agreement (Modus Media International Holdings Inc)