Grouped Into 119 Collections of Similar Clauses From Business Contracts
This page contains Binding Effect clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Binding Effect. All of the terms of this Agreement, as amended from time to time, shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of Company, Executive and Escrow Agent.
Binding Effect. All of the terms of this Agreement, as amended from time to time, shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the Company, Executive Escrow Agent and Escrow Agent. the Dealer Manager.
Binding Effect. This Note shall be binding upon and inure to the benefit of Debtor and Lender and their respective successors, assigns, heirs and personal representatives, provided, however, that no obligations of Debtor hereunder can be assigned without prior written consent of Lender.
Binding Effect. This Note shall be binding upon and inure to the benefit of Debtor Debtor, Obligors and Lender and their respective successors, assigns, heirs and personal representatives, provided, however, that no obligations of Debtor or Obligors hereunder can be assigned without prior written consent of Lender.
Binding Effect. This agreement is binding upon and inures to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. Lender may assign its rights hereunder without prior permission from the Company.
Binding Effect. This agreement is binding upon and inures to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. Lender may assign its their rights hereunder without prior permission from the Company.
Binding Effect. Subject to the limitations set forth in this Agreement, this Agreement shall be binding upon, and inure to the benefit of, the executors, administrators, heirs, legal representatives, successors, and assigns of the parties hereto.
Binding Effect. Subject to the limitations set forth in this Agreement, the Governing Documents, this Agreement shall be binding upon, and inure to the benefit of, the executors, administrators, heirs, legal representatives, successors, successors and permitted assigns of the parties hereto.
Binding Effect. The terms and provisions hereof shall be binding upon the parties hereto and their successors and assigns and shall inure to the benefit of the Agent and each Lender and their respective successors and assigns.
Binding Effect. The terms and provisions hereof shall be binding upon the parties hereto and their successors and assigns and shall inure to the benefit of the each Agent and each Lender and their respective successors and assigns.
Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors, and, to the extent permitted, assigns or other Permitted Assignees of the parties to this Agreement.
Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors, successors and, to the extent permitted, assigns or other Permitted Assignees Transferees of the parties to this Agreement.
Binding Effect. On the date of and after entry of this Confirmation Order, and subject to the occurrence of the Effective Date, the Plan, the Plan Documents, and this Confirmation Order shall be immediately effective and enforceable and deemed binding upon the Debtors, the Reorganized Debtors, and any Holder of a Claim or Interest and such Holder's respective agents, successors, and assigns, whether or not: (a) such Claim or Interest is Impaired under the Plan; (b) such Holder has accepted the Plan; (c) such Ho...lder has failed to vote to accept or reject the Plan or voted to reject the Plan; (d) such Holder is entitled to a distribution under the Plan; or (e) such Holder will receive or retain any property or interests in property under the Plan. The Plan, the Plan Documents, and this Confirmation Order constitute legal, valid, binding, and authorized obligations of the respective parties thereto and shall be enforceable in accordance with their terms. Pursuant to section 1142(a) of the Bankruptcy Code, the Plan, the Plan Documents, and this Confirmation Order, or any amendments or modifications thereto, shall apply and be enforceable notwithstanding any otherwise applicable nonbankruptcy law. 35 67. Vesting of Assets. On the Effective Date, pursuant to sections 1141(b) and 1141(c) of the Bankruptcy Code, and except as otherwise specifically provided in the Plan, this Confirmation Order, or in any contract, instrument, or other agreement or document created pursuant to or in connection with the Plan, including the Plan Documents, Exit ABL Documentation and the New Indenture Documents, all property in each Estate, all Causes of Action and any property acquired by any of the Debtors pursuant to the Plan shall vest in each respective Reorganized Debtor, free and clear of all Liens, Claims, charges, or other encumbrances. On and after the Effective Date, except as otherwise provided in the Plan, each Reorganized Debtor may operate its business and may use, acquire, or dispose of property and compromise or settle any Claims, Interests, or Causes of Action without supervision or approval by the Court and free of any restrictions of the Bankruptcy Code or Bankruptcy Rules.View More
Binding Effect. On the date of and after entry of this Confirmation Order, and subject to Upon the occurrence of the Effective Date, the Plan, terms of the Plan Documents, (including all documents and agreements executed pursuant thereto or in connection therewith, including those contained the Plan Supplement) and this Confirmation Order shall be are immediately effective and enforceable and deemed binding upon on the Debtors, the Estates, the Reorganized Debtors, all holders of Claims or Interests (regardless... of whether such holders of Claims or Interests have, or are deemed to have, accepted the Plan), all Persons or Entities that are parties to or are subject to the settlements, compromises, Releases, Exculpations, and the Injunction described in the Plan, all non-Debtor parties to executory contracts and unexpired leases with the Debtors, any Person or Entity making an appearance in the Chapter 11 Cases, and any Holder other party in interest in the Chapter 11 Cases. The rights, benefits, and obligations of a Claim any Person or Interest and such Holder's respective agents, successors, and assigns, whether Entity named or not: (a) such Claim or Interest is Impaired under the Plan; (b) such Holder has accepted the Plan; (c) such Holder has failed referred to vote to accept or reject in the Plan shall be binding on, and shall inure to the benefit of, any heir, executor, administrator, successor or voted to reject the Plan; (d) assign of such Holder is entitled to a distribution under the Plan; Person or (e) such Holder will receive or retain any property or interests in property under the Plan. Entity. The Plan, the Plan Documents, and this Confirmation Order related documents constitute legal, valid, binding, binding and authorized obligations of the respective parties thereto and shall be enforceable in accordance with their terms. Pursuant to section 1142(a) of the Bankruptcy Code, the Plan, the Plan Documents, and this Confirmation Order, or any amendments or modifications thereto, its related documents shall apply and be enforceable notwithstanding any otherwise applicable nonbankruptcy non-bankruptcy law. 35 67. 31 12. Vesting of Assets. On Assets in the Effective Date, pursuant to sections 1141(b) and 1141(c) of the Bankruptcy Code, and except Reorganized Debtors. Except as otherwise specifically provided in the Plan, this Confirmation Order, or in any contract, agreement, instrument, or other agreement or document created pursuant to or incorporated in connection with the Plan, including on the Plan Documents, Exit ABL Documentation and the New Indenture Documents, Effective Date, all property in each Estate, all Retained Causes of Action Action, and any property acquired by the any of the Debtors pursuant to under the Plan shall vest in each respective Reorganized Debtor, free and clear of all Liens, Claims, charges, or encumbrances, Interests, and other encumbrances. interests, except for the Liens and Claims established under the Plan. On and after the Effective Date, except as otherwise provided in the Plan, Plan and in this Confirmation Order, each Reorganized Debtor may operate its business and may use, acquire, or dispose of property and compromise or settle any Claims, Interests, or Causes of Action without supervision or approval by the Court and free of any restrictions of the Bankruptcy Code or Bankruptcy Rules. Rules, subject only to those restrictions expressly imposed by the Plan or this Confirmation Order as well as the documents and instruments executed and delivered in connection therewith, including the documents, exhibits, instruments and other materials comprising the Plan Supplement. View More
Binding Effect. (a) This Agreement shall be binding upon the successors and assigns of the Company. The Company shall take whatever actions are necessary to ensure that any successor to its operations (whether by purchase, merger, consolidation, sale of substantially all assets or otherwise) assumes the obligations under this Agreement and shall cause such successor to evidence the assumption of such obligations in an agreement satisfactory to the Executive. Notwithstanding any other provisions in this Agreemen...t, if the Company fails to obtain an agreement evidencing the assumption of the Company's obligations by any such successor, the Executive shall be entitled to immediate payment of the severance compensation provided under Section 3, irrespective of whether the Executive's employment has then terminated. For purposes of implementing the foregoing, the date on which any succession becomes effective shall be deemed to constitute the date of the Executive's Termination of Employment. This Agreement shall be binding upon the Executive and shall inure to the benefit of and be enforceable by the Executive's legal representatives and heirs. However, the rights of the Executive under this Agreement shall not be assigned, transferred, pledged, hypothecated or otherwise encumbered, except by operation of law.View More
Binding Effect. (a) This Agreement shall be binding upon the successors and assigns of the Company. The Company shall take whatever actions are necessary to ensure that any successor to its operations (whether by purchase, merger, consolidation, sale of substantially all assets or otherwise) assumes the obligations under this Agreement and shall cause such successor to evidence the assumption of such obligations in an agreement satisfactory to the Executive. Notwithstanding any other provisions in this Agreemen...t, if the Company fails to obtain an agreement evidencing the assumption of the Company's obligations by any such successor, the Executive shall be entitled to immediate payment of the severance compensation provided under Section 3, 4, irrespective of whether the Executive's employment has then terminated. For purposes of implementing the foregoing, the date on which any succession becomes effective shall be deemed to constitute the date of the Executive's Termination of Employment. Notwithstanding the foregoing, if the succession does not constitute a "Change of Control" as defined under Code Section 409A, the compensation payments under Section 4 shall be suspended until the earlier of a "Change of Control" as defined under Code Section 409A or the Executive incurs an actual separation from service or, if later, at the end of any additional suspensions as may be required under Section 4 if the Executive is a "Specified Employee" at the time of separation from service, at which time any suspended payments, with interest at the Prime Rate plus two percent, accruing from 10 days following the succession date, shall be paid in accordance with the terms of Section 4. 8 (b) This Agreement shall be binding upon the Executive and shall inure to the benefit of and be enforceable by the Executive's legal representatives and heirs. However, the rights of the Executive under this Agreement shall not be assigned, transferred, pledged, hypothecated or otherwise encumbered, except by operation of law. View More
Binding Effect. This Amendment No. 4 shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal and legal representatives, successors and assigns.
Binding Effect. This Amendment No. 4 shall be binding upon, upon and inure to the benefit of, of each of the parties hereto and their respective personal and legal representatives, successors and assigns.
Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, and successors of the parties hereto.15. Waiver. The Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the Participant or any other participant in the Plan.
Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, and successors of the parties hereto.15. hereto. 7 14. Waiver. The Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the Participant or any other participant in the Plan.
