No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Pledgor, the Collateral Agent and Purchaser and their respective successors and assigns and no person shall assert any rights as third party beneficiary under this Agreement. Whenever any of the parties to this Agreement is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements in this Agreement contained by or on behalf of Pledgor, the Collateral Agent and Purchaser shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Purchaser and its successors and assigns.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than the Administrator and the Trust and their respective successors and assigns and no person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements contained in this Agreement by or on behalf of the Administrator and the Trust shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of the Trust and its successors and assigns.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Seller, Buyer and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Seller and Buyer shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Buyer and its successors and assigns. The rights and duties under this Agreement may not be assigned or transferred by any party hereto; provided that (i) Buyer may assign any of its rights or duties hereunder with the prior written consent of Seller (which consent shall not be unreasonably withheld) and (ii) Buyer may assign or transfer any of its rights hereunder to receive any shares of Common Stock, other securities and cash without the prior written consent of Seller.
No Third Party Rights; Successors and Assigns. Except as otherwise agreed in writing, this Agreement is not intended and shall not be construed to create any rights in any person other than Counterparty and the Trust and their respective successors and assigns and no person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Guarantor, Beneficiary and their respective successors and assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party. All the covenants and agreements herein contained by or on behalf of Guarantor and Beneficiary shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of Beneficiary and its successors and assigns. The rights and duties of Guarantor under this Guarantee may not be assigned or transferred by any party hereto without the prior written consent of Beneficiary. Beneficiary may assign or transfer any of its rights or duties hereunder without the prior written consent of Guarantor.
No Third Party Rights; Successors and Assigns. Except as otherwise agreed in writing, this Agreement is not intended and shall not be construed to create any rights in any person other than Seller and Purchaser and their respective successors and assigns and no person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party. This Agreement will be binding on and enforceable against the Seller despite the death or legal incapacity of any general partner of such Seller.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Share Seller, Share Purchaser, the Trust, the Persons referred to in Section 6.7 and their respective successors and permitted assigns and no other person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party. All covenants and agreements herein contained by or on behalf of Share Seller, Share Purchaser and the Trust shall bind, and inure to the benefit of, their respective successors and permitted assigns whether so expressed or not and shall be enforceable by and inure to the benefit of Share Seller, Share Purchaser and the Trust and each of their successors and permitted assigns.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any person other than Pledgor, the Collateral Agent and Purchaser and their respective successors and assigns, and no Person shall assert any rights as third party beneficiary under this Agreement. Whenever any of the parties to this Agreement is referred to, such reference shall be deemed to include the successors and assigns of such party. This Agreement shall be binding upon, and inure to the benefit of, Pledgor, the Collateral Agent and the Purchaser and their respective successors and permitted assigns.
No Third Party Rights; Successors and Assigns. Except as otherwise agreed in writing, this Agreement is not intended and shall not be construed to create any rights in any person other than Seller and Purchaser and their respective successors and assigns and no person shall assert any rights as third party beneficiary hereunder. Whenever any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party. This Agreement will be (A) binding on and legally enforceable against the estate of Mark Xxxxxx xxxuld he become deceased or the legal representative, attorney, or guardian of Mark Xxxxxx xxxuld he lack legal capacity and (B) binding on and legally enforceable against the Mark Xxxxxx Xxxily Trust despite the death or legal incapacity of any settlor or beneficiary of such trust.
No Third Party Rights; Successors and Assigns. This Agreement is not intended and shall not be construed to create any rights in any Person other than the Series A Holder and the TrENDS Holders and their respective successors and assigns and no Person shall assert any rights as third party beneficiary hereunder. Whenever the Series A Sub-Trust or the TrENDS Sub-Trust is referred to, such reference shall be deemed to include its successors and assigns. All the covenants and agreements herein contained by or on behalf of the Series A Sub-Trust and the TrENDS Sub-Trust shall bind, and inure to the benefit of, their respective successors and assigns whether so expressed or not, and shall be enforceable by and inure to the benefit of and its successors and assigns. EXHIBIT A FORM OF TrENDS THIS TrENDS, WHICH HAS BEEN ISSUED BY THE TRUST, IS NOT FREELY TRADEABLE BECAUSE THE TRUST DID NOT REGISTER OR QUALIFY IT UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT") OR UNDER ANY STATE SECURITIES LAWS, AND YOU MAY ONLY (AND BY YOUR ACCEPTANCE HEREOF YOU AGREE ONLY TO) SELL OR TRANSFER THIS TrENDS TO PERSONS WHO ARE BOTH "QUALIFIED PURCHASERS," AS DEFINED IN THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED (THE "1940 ACT"), AND EITHER (X) QUALIFIED INSTITUTIONAL BUYERS, AS DEFINED IN RULE 144A UNDER THE 1933 ACT, OR (Y) INSTITUTIONAL "ACCREDITED INVESTORS," AS DEFINED IN RULE 501(A)(1), (2), (3) OR (7) UNDER THE 1933 ACT. TO TRANSFER THIS TrENDS, YOU MUST SUBMIT TO THE TRANSFER AGENT A FULLY COMPLETED CERTIFICATE OF TRANSFER, WHICH IS ATTACHED TO THIS TrENDS CERTIFICATE. THE TRUST WILL NOT RECOGNIZE ANY TRANSFER WHICH DOES NOT COMPLY WITH THESE PROCEDURES. THE TRUST MAY (AND BY YOUR ACCEPTANCE HEREOF YOU AGREE THAT THE TRUST IS PERMITTED TO) AMEND OR SUPPLEMENT THE RESTRICTIONS ON AND PROCEDURES FOR RESALE AND TRANSFER OF THIS TrENDS FROM TIME TO TIME TO REFLECT CHANGES IN APPLICABLE LAW OR REGULATION (OR THE INTERPRETATIONS THEREOF). THE TRUST WILL ONLY WITHHOLD THE TRANSFER OF THIS TrENDS TO ENSURE COMPLIANCE WITH, OR ANY EXEMPTION UNDER, APPLICABLE LAW. SALES AND TRANSFERS THAT WOULD CAUSE THE TRUST TO HAVE TO REGISTER AS AN "INVESTMENT COMPANY" UNDER THE 1940 ACT WILL BE NULL AND VOID AND WILL NOT BE HONORED BY THE TRUST. IF THE TRUST WOULD HAVE TO REGISTER AS AN "INVESTMENT COMPANY" UNDER THE 1940 ACT BY VIRTUE OF THE NATURE OF ANY BENEFICIAL OWNER OF A TrENDS, THE TRUST MAY, IN ITS SOLE DISCRETION, REDEEM SUCH TrENDS OR COMPEL HIM/HER/IT TO TRANSFER THE TrENDS. IN ADDITION, THE TRUST MAY RESTRICT TRAN...
