Common use of Nonassignable Contracts and Authorizations Clause in Contracts

Nonassignable Contracts and Authorizations. To the extent that the assignment of any Assumed Contract shall require the consent of any other party thereto, or shall be subject to any option in any other person by virtue of a request for permission to assign or transfer or by reason of or pursuant to any transfer to Purchaser, this Agreement shall not constitute a contract to assign the same to the extent that an attempted assignment would either constitute a breach thereof or in any way adversely affect the rights or obligations of Purchaser or Seller thereunder. Seller and Purchaser shall each use all reasonable efforts to procure consent to any such assignment. If any such consent is not obtained, Seller shall cooperate with Purchaser in any reasonable arrangement requested by Purchaser designed to provide for Purchaser the benefit, monetary or otherwise, of any such Assumed Contract, including enforcement of any and all rights of Seller against the other party thereto arising out of breach or cancellation thereof by such party or otherwise; provided, however, that Seller shall not have any obligation to compensate Purchaser for the value, if any, of the benefits Purchaser fails to receive as a result of such consent not being obtained as long as Seller complies with this Section 15. Seller shall promptly pay to Purchaser when received all monies received by Seller under any Purchased Asset or any claim or right or any benefit arising thereunder.

Nonassignable Contracts and Authorizations. To the extent that the assignment of any Assumed Contract contract or any Licenses and Permits relating to the Business and the Purchased Assets, including without limitation, the Hire Agreements, Hire Agreement Documents, and the Collateral to be assigned to Purchaser pursuant to this Agreement shall require the consent of any other party thereto, or shall be subject to any option in any other person by virtue of a request for permission to assign or transfer or by reason of or pursuant to any transfer to Purchaserparty, this Agreement shall not constitute a contract to assign the same to the extent that if an attempted assignment would either constitute a breach thereof or in any way adversely affect the rights or obligations of Purchaser or thereof, provided, however, Seller thereunder. Seller shall use its commercially reasonable efforts, and Purchaser shall each use all reasonable efforts cooperate where appropriate, to procure obtain any consent necessary to any such assignment. If any such consent is not obtained, then Seller shall cooperate with Purchaser in any reasonable arrangement requested by Purchaser designed to provide for to Purchaser the benefit, monetary or otherwise, of benefits under any such Assumed Contractcontract, including the Hire Agreements, Hire Agreement Documents, and the Licenses and Permits, including enforcement of any and all rights of Seller against the other party thereto arising out of the breach or cancellation thereof by such other party or otherwise; provided, however, that Seller shall not have hold the benefit of any obligation such Hire Agreements, Hire Agreement Documents, and the Licenses and Permits in trust for Purchaser and all profits and losses arising from them shall belong to compensate Purchaser for the value, if any, of the benefits Purchaser fails to receive as a result of such consent not being obtained as long as Seller complies with this Section 15. Seller shall promptly pay to Purchaser when received all monies received by Seller under any Purchased Asset or any claim or right or any benefit arising thereunderPurchaser.

Nonassignable Contracts and Authorizations. To the extent that the assignment of any Assumed Contract or any license, permit, approval or qualification issued or to be issued by any government or agency or instrumentality thereof relating to the Business or the Assets, including, without limitation, the Contracts and Licenses and Permits, to be assigned to the Purchaser pursuant to this Agreement shall require the consent of any other party thereto, or shall be subject to any option in any other person by virtue of a request for permission to assign or transfer or by reason of or pursuant to any transfer to Purchaserparty, this Agreement shall not constitute a contract to assign the same to the extent that if an attempted assignment would either constitute a breach thereof or in any way adversely affect thereof. The Seller shall use its best commercial efforts and at its expense, and the rights or obligations of Purchaser or Seller thereunder. Seller and Purchaser shall each use all cooperate where reasonable efforts and appropriate, to procure obtain any consent necessary to any such assignment. If any such consent is not obtained, then the Seller shall cooperate with the Purchaser in any reasonable arrangement requested by the Purchaser designed to provide for to the Purchaser the benefit, monetary or otherwise, of benefits under any such Assumed Contract, license, permit, approval or qualification, including enforcement of any and all rights of the Seller against the other party thereto arising out of breach or cancellation thereof by such other party or otherwise, as long as such arrangement would not otherwise breach such Contract, license, permit, approval or qualification pursuant to its terms; provided, howeverhowever that if the Purchaser receives the benefits under any such Contract, that Seller license, permit, approval or qualification pursuant to this Section 1.5, the Purchaser shall not have any obligation to compensate Purchaser for perform the valueSeller’s obligations, if any, of the benefits Purchaser fails to receive as a result of set forth in such consent not being obtained as long as Seller complies with this Section 15. Seller shall promptly pay to Purchaser when received all monies received by Seller under any Purchased Asset Contract, license, permit, approval or any claim or right or any benefit arising thereunderqualification.