Common use of Nonassignable Contracts and Permits Clause in Contracts

Nonassignable Contracts and Permits. To the extent that any contract or permit (including any consent, approval or authorization of any governmental authority) for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer shall continue to use their commercially reasonable efforts to obtain the consent of such other Person to the assignment of any such contract or permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer shall cooperate with each other in any reasonable arrangement designed to provide the Buyer with the benefits under any such contract or permit to the extent lawful and the Buyer shall be obligated to perform the obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding.

Nonassignable Contracts and Permits. To the extent that any contract or permit (including any consent, approval or authorization of any governmental authority) for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer shall continue to use their commercially reasonable best efforts to obtain the consent of such other Person to the assignment of any such contract or permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer shall cooperate with each other in any reasonable arrangement designed to provide the Buyer with the benefits under any such contract or permit to the extent lawful and the Buyer shall be obligated to perform the obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding.

Nonassignable Contracts and Permits. To the extent that any contract Contract or permit (including any consent, approval or authorization of any governmental authority) Permit for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable party or the appropriate governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer Xx. Xxxxxxxxx shall continue to use their commercially reasonable respective best efforts to obtain the consent of such other Person party or governmental authority to the assignment of any such contract Contract or permit Permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer Xx. Xxxxxxxxx shall cooperate with each other the Buyer in any reasonable arrangement designed to provide for the Buyer with the benefits under any such contract Contract or permit Permit. If and to the extent lawful and that such arrangement cannot be made with respect to any such Contract, the Buyer shall be obligated to perform the not have any obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding. The Parties agree and acknowledge that nothing set forth in this §8(f) shall in any way limit the Buyer’s rights set forth elsewhere herein (i) to terminate this Agreement, or (ii) to be indemnified for breaches of representations and warranties, in case of both (i) and (ii) above, by virtue of the inability of the Seller to assign such Contract and/or Permit.

Nonassignable Contracts and Permits. To the extent that any contract Contract or permit (including any consent, approval or authorization of any governmental authority) Permit for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable party or the appropriate governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer shall continue to use their commercially reasonable its best efforts to obtain the consent of such other Person party or governmental authority to the assignment of any such contract Contract or permit Permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer shall cooperate with each other the Buyer in any reasonable arrangement designed to provide for the Buyer with the benefits under any such contract Contract or permit Permit. If and to the extent lawful and that such arrangement cannot be made with respect to any such Contract, the Buyer shall be obligated to perform the not have any obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding. The Parties agree and acknowledge that nothing set forth in this Section 8(f) shall in any way limit the Buyer’s rights set forth elsewhere herein (i) to terminate this Agreement, or (ii) to be indemnified for breaches of representations and warranties, in case of both (i) and (ii) above, by virtue of the inability of the Seller to assign such Contract and/or Permit.

Nonassignable Contracts and Permits. To the extent that any contract or permit (including any consent, approval or authorization of any governmental authority) for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer shall continue to use their commercially reasonable efforts to obtain the consent of such other Person to the assignment of any such contract or permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer shall cooperate with each other in any reasonable arrangement designed to provide the Buyer with the benefits under any such contract or permit to the extent lawful and the Buyer shall be obligated to perform the obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding.

Nonassignable Contracts and Permits. To the extent that any contract or permit (including any consent, approval or authorization of any governmental authority) for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable governmental authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer shall continue to use their commercially reasonable efforts to obtain the consent of such other Person to the assignment of any such contract or permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer shall cooperate with each other in any reasonable arrangement designed to provide the Buyer with the benefits under any such contract or permit to the extent lawful and the Buyer shall be obligated to perform the obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding.

Nonassignable Contracts and Permits. To the extent that any contract Assumed Contract or permit (including any consent, approval or authorization of any governmental authority) Permit for which assignment to the Buyer is provided for in this Agreement is not assignable without the consent of another Person, including an applicable governmental authorityparty or the appropriate Governmental Authority, this Agreement shall not constitute an assignment or an attempted assignment thereof if such assignment or attempted assignment would constitute a breach thereof. The Seller Entities and the Buyer Sellers, at Buyer’s expense, shall continue to use their respective commercially reasonable efforts (including, without limitation, prosecution of appropriate motions pursuant to Section 365 of the Bankruptcy Code) to obtain the consent of such other Person party or Governmental Authority to the assignment of any such contract Assumed Contract or permit Permit to the Buyer in all cases in which such consent is or may be required for such assignment. If such consent shall not be obtained, the Seller Entities and the Buyer Sellers shall cooperate with each other the Buyer in any reasonable arrangement designed to provide for the Buyer with the benefits under any such contract Assumed Contract or permit Permit. If and to the extent lawful and that such arrangement cannot be made with respect to any such Assumed Contract or Permit, the Buyer shall be obligated to perform the not have any obligation with respect thereto, any other provision of this Agreement to the contrary notwithstanding.