14. Successors and Assigns. This amendment is binding on the Guarantor and its successors and assigns and benefits the Lender and its successors and assigns, including all subsequent holders of all or part of the Debenture. The term assigne is often found in documents; for example, “heirs, directors and assignees to designate the transferability of the interest or right created” (g) successors in title and assignees. This Agreement binds my heirs, executors, administrators and other legal representatives and benefits the Company, its successors and assigns. Successor and assignee. This Agreement binds and benefits the parties and their successors and assigns. Neither the Company nor Puxin may assign this Agreement or any right or obligation under this Agreement without the prior written consent of the other parties. 13.1 Successors and Assigns. This Agreement shall bind and benefit the respective successors and permitted assigns of each party; provided, however, that neither this Agreement nor any rights under this Agreement may be assigned by a Borrower without the prior written consent of the Bank, which may be granted or withheld in the Bank`s sole discretion. The Bank has the right, without the consent or advice of a Borrower, to sell, transfer, negotiate or grant any interest or interest in the Bank under this Agreement; provided, however, that the Bank does not take any of the above actions if such action would result in Western Alliance Bank (or its affiliates) no longer acting as a bank under this Agreement without the prior written consent of the Borrowers (consent is not unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, none of the above actions will require the consent of borrowers if such action occurs after an event of default or is related to the sale or disposal of the Bank or all or part of the Bank`s loan portfolio or any corporate merger, acquisition or restructuring affecting the Bank.
My point is that there are so many possible variants of what the parties might really want if they think carefully about the fact that there is not really a successor clause and a “one-size-fits-all” assignment. And on the other hand, the economics of the situation sometimes do not justify getting bogged down in these details, which are unlikely – insisting on probably – will not matter. But if something unexpected happens and the lawyer has only done “passerine”, his client may not see the result. And if the lawyer seasons the client with “what if” in advance and increases the fees for drafting the contract or complicates or weakens negotiations with the other party, he may not like it either. Therefore, the practice of law is just that, a practice, not a science. (ii) This Agreement shall benefit from and bind the Companies and their respective successors and assigns. The Companies require that any successor (direct or indirect, by purchase, merger, consolidation or otherwise) of all or substantially all of the Companies` Activities and/or Assets expressly accept this Agreement and agree to perform this Agreement in the same manner and to the same extent that the Companies would be required to: to carry them out if such an succession had not taken place. As used in this Agreement, “Company” means the companies as defined herein and all successors to their business and/or assets as set forth above that assume and agree to perform this Agreement by operation of law or otherwise. The answer is that if one of the parties is a human being, the term “successor” is out of place.
People have no “successors.” If a party dies before the contract is fully performed, they have a personal representative of the estate (called an “executor” in other states) and heirs. Companies and some other legal entities have “successors”. A successor to a company is, for example. B another company into which that company enters. Individuals do not “merge” with other people, except in science fiction movies. The term “confidentiality of the contract” states that when the assignor assumes the assignor`s contractual obligations, it indicates whether the assignor has agreed to resume the assignment. In order for the assignee to be legally bound by contractual obligations, there must be an express intention to assume the liability that the assignor originally held in the contract. The contract between the original parties would not affect the matter, and any provision of the contract would not bind the assignor with respect to the assignor`s rights to perform the assignor`s obligations under the contract. A typical (short) succession and assignment clause says something like, “This agreement benefits and binds the successors and assigns of the parties.” As a general rule, in my opinion, this is too rare, even for “light” agreements. More thought needs to be given to that. SECTION 2.01. Successors and assigns.
The provisions of this amendment shall be binding upon and benefit the Parties and their respective successors and assigns. The assignment or other transfer of rights of the parties under this amendment is subject to section 7.05 of the VRDP Share Purchase Agreement. 11.7 Successors and Assigns. This Agreement is binding and subject to the terms of the preceding sentence for the benefit of the parties, their authorized successors, legal representatives and assigns. Any assignment or attempted assignment that does not comply with this Section 11.7 (Successors and Assigns) will be null and void. For the avoidance of doubt, NovaQuest`s prior written consent is not required in connection with an IPO. In no event shall a novaQuest assignor be entitled, under this Agreement, to a greater benefit from the payment of an additional amount in accordance with section 4.4 or a recalculation of interest in accordance with section 4.6 than NovaQuest would have been entitled to, unless such right to a higher payment results from a change in applicable law occurring after the date of such assignment. 4. Successors and Assigns. Except as otherwise provided herein, the terms of this modification shall benefit from and be binding on the parties` respective successors and assigns.
6.8.Assignment; Binding effect. Neither this Agreement, nor any right, remedy, obligation or liability arising out of this Agreement or for any reason, nor the documents performed in connection with this Agreement may be assigned by either party without the prior written consent of the other parties. Except as otherwise provided in the preceding sentence, this Agreement and all rights and obligations under this Agreement shall benefit and be binding on the parties and their respective successors and assigns. .
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