Common use of Named Parties Clause in Contracts

Named Parties. The parties hereto acknowledge that it may not be feasible to substitute Sub (or one of its Affiliates) for Parent (or one of its Affiliates) as a named party in Actions, whether domestic or foreign, constituting Assumed Liabilities. In such event, Parent (or one of its Affiliates) shall remain as a named party, but, following the Distribution Date, Sub (or one of its Affiliates) shall assume the defense of any such Action in accordance with the provisions of Section 5.3 hereof and Parent and its Affiliates shall cooperate with Sub as contemplated by Section 5.3 and Section 7 hereof. Parent shall as promptly as practicable seek to have its name changed to "Media 100 Inc." in all Actions, whether domestic or foreign, constituting Retained Liabilities.

Named Parties. The parties hereto acknowledge that it may not be ------------- feasible to substitute Sub (or one of its Affiliates) for Parent (or one of its Affiliates) as a named party in Actions, whether domestic or foreign, constituting Assumed Liabilities. In such event, Parent (or one of its Affiliates) shall remain as a named party, but, following the Distribution Date, Sub (or one of its Affiliates) shall assume the defense of any such Action in accordance with the provisions of Section 5.3 hereof and Parent and its Affiliates shall cooperate with Sub as contemplated by Section 5.3 and Section 7 hereof. Parent shall as promptly as practicable seek to have its name changed to "Media 100 Inc." in all Actions, whether domestic or foreign, constituting Retained Liabilities.