Subsequent Contracts. From the date of this Agreement until the Closing Date or termination of this Agreement as provided herein, Seller Group shall use commercially reasonable efforts (a) to include in any material contract entered into by a Seller that involves monetary obligations of that Seller of more than $10,000 per year per contract and that is not cancellable upon sixty days notice or less (a “Subsequent Contract”), a provision permitting the assignment of any such Subsequent Contract to Purchaser and providing that upon such assignment, Purchaser shall succeed to all of the Seller’s rights, title, and interests thereunder subject to the Purchaser’s assumption of all of the Seller’s duties, powers, and obligations under such Subsequent Contract, and (b) to ensure that no Subsequent Contract contains any provision which would materially limit in any way the rights, title, and interests of any Seller or, prospectively, the Purchaser, in the Assets.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Frischs Restaurants Inc)