Successors and Assigns Contract Clauses (10,793)

Grouped Into 395 Collections of Similar Clauses From Business Contracts

This page contains Successors and Assigns clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Successors and Assigns. This Warrant and the rights evidenced hereby shall be binding upon and shall inure to the benefit of the parties hereto and the successors of the Company and the successors of the Registered Owner. Such successors of the Registered Owner shall be deemed to be a Registered Owner for all purposes hereunder. This Warrant may only be assigned with the mutual consent of the Registered Owner and the Company in writing.
Successors and Assigns. This Warrant and the rights evidenced hereby shall be binding upon and shall inure to the benefit of the parties hereto and the successors of the Company and the successors of the Registered Owner. Such successors of the Registered Owner shall be deemed to be a Registered Owner for all purposes hereunder. This Warrant may only be assigned with the mutual consent of the Registered Owner and the Company in writing. 5 25. No Third-Party Beneficiaries. This Warrant is for the sole benefit of the Com...pany and the Registered Owner and their respective successors and, in the case of the Registered Owner, permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Warrant. View More
Successors and Assigns. This Warrant and the rights evidenced hereby shall be binding upon and shall inure to the benefit of the parties hereto and the successors of the Company and the successors of the Registered Owner. Such successors of the Registered Owner shall be deemed to be a Registered Owner for all purposes hereunder. This Warrant (i) may not be assigned by the Registered Owner until this Warrant has become exercisable pursuant to Section 3 of this Warrant and (ii) thereafter may only be assigned with the mu...tual consent of the Registered Owner and the Company in writing. View More
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Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. However, neither this Agreement nor any of the rights of the parties hereunder may otherwise be transferred or assigned by any party hereto, except that (a) if the Company shall merge or consolidate with or into, or sell or otherwise transfer substantially all its assets to, another company which assumes the Company's obligations under this Agreement, t...he Company may assign its rights hereunder to that company, and (b) the Service Provider may assign its rights and obligations hereunder to any affiliate. Any attempted transfer or assignment in violation of this Section 11 shall be void. View More
Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. However, neither this Agreement nor any of the rights of the parties hereunder may otherwise be transferred or assigned by any party hereto, except that (a) if the Company shall merge or consolidate with or into, or sell or otherwise transfer substantially all its assets to, another company which assumes the Company's obligations under this Agreement, t...he Company may assign its rights hereunder to that company, company and (b) the Service Provider Stockholder may assign its rights and obligations hereunder to any affiliate. person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the Stockholder. Any attempted transfer or assignment in violation of this Section 11 5 shall be void. View More
Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. However, neither this Agreement nor any of the rights of the parties hereunder may otherwise be transferred or assigned by any party hereto, except that (a) if the Company shall merge or consolidate with or into, or sell or otherwise transfer substantially all its assets to, another company which assumes the Company's obligations under this Agreement, t...he Company may assign its rights hereunder to that company, and (b) the Service Provider may assign its rights and obligations hereunder to any affiliate. company. Any attempted transfer or assignment in violation of this Section 11 5 shall be void. 2 6. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement. View More
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Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth in Section 10 hereof.
Successors and Assigns. This Agreement agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth in Section 10 hereof. this Agreement.
Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth in Section 10 11 hereof.
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Successors and Assigns. The provisions of this Sublease, except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and permitted assigns. In the event of any assignment or transfer of the leasehold estate under the Main Lease, the transferor or assignor, as the case may be, shall be and hereby is entirely relieved and freed of all obligations under this Sublease. Any transfer or assignment shall... not adversely affect Subtenant's rights under the Sublease. View More
Successors and Assigns. The covenants, conditions, agreements and provisions of this Sublease, except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit of the parties hereto and their respective personal legal representatives, heirs, successors and permitted assigns. In the event of any assignment or transfer of the leasehold estate under the Main Lease, the transferor or assignor, as the case may be, shall be and hereby is entirely relieved and freed of all further obligations u...nder this Sublease. Any transfer or assignment shall not adversely affect Subtenant's rights under the Sublease. View More
Successors and Assigns. The provisions of this Sublease, except as herein otherwise specifically provided, expressly provided in this Sublease, shall extend to, bind and inure to the benefit of the parties hereto Sublandlord and the Subtenant and their respective personal representatives, heirs, successors and permitted assigns. In the event of any assignment or transfer of the leasehold estate under the Main Lease, Overlease, the transferor or assignor, as the case may be, shall be and hereby is entirely relieved and ...freed of all obligations under this Sublease. Any transfer or assignment shall not adversely affect Subtenant's rights under the Sublease. View More
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Successors and Assigns. This Agreement shall be binding upon the Company and its successors and assigns, and shall inure to the benefit of Indemnitee and Indemnitee's estate, heirs, legal representatives and assigns. Without limiting the generality of the foregoing, this Agreement shall be binding upon any direct or indirect successor of the Company by purchase, merger or otherwise to all or substantially all of the business or assets of the Company. 11 16. Attorneys' Fees. In the event that any action is instituted by... Indemnitee under this Agreement to enforce or interpret any of the terms hereof, Indemnitee shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by Indemnitee with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by Indemnitee as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Company under this Agreement or to enforce or interpret any of the terms of this Agreement, Indemnitee shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by Indemnitee in defense of such action (including with respect to Indemnitee's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of Indemnitee's material defenses to such action were made in bad faith or were frivolous. View More
Successors and Assigns. This Agreement is personal to Indemnitee and shall not be assignable by Indemnitee without the prior written consent of the Company other than by the laws of descent and distribution. This Agreement shall be binding upon the Company and its successors and assigns, and shall inure to the benefit of Indemnitee and Indemnitee's estate, his respective estates, heirs, successors, legal representatives and assigns. Without limiting the generality of the foregoing, this Agreement shall be binding upon ...The Company will require any successor (whether direct or indirect successor of the Company indirect, by purchase, merger merger, consolidation or otherwise otherwise) to all or substantially all of the business or and/or assets of the Company. 11 16. Attorneys' Fees. Company to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. As used in Exhibit 10.18this Agreement, "Company" shall mean the Company as previously defined and any successor to its business and/or assets which assumes and agrees to perform this Agreement by operation of law or otherwise. Section 10. ATTORNEYS' FEES. In the event that any action is instituted by Indemnitee under this Agreement to enforce or interpret any of the terms hereof, of this Agreement, Indemnitee shall be entitled to be paid all court costs and expenses, including including, without limitation, reasonable attorneys' fees, incurred by Indemnitee with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by Indemnitee as a basis for such action were was not made in good faith or were was frivolous. In the event of an action instituted by or in the name of the Company under this Agreement or to enforce or interpret any of the terms of this Agreement, Indemnitee shall be entitled to be paid all court costs and expenses, including including, without limitation, attorneys' fees, incurred by Indemnitee in defense of such action (including with respect to Indemnitee's counterclaims and cross-claims cross claims made in such action), unless as a part of such action the court determines that each of Indemnitee's material defenses to such action were was made in bad faith or were frivolous. Section 11. SUBROGATION. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all documents required and shall do all acts that may be necessary to secure such rights and to enable the Company to effectively bring suit to enforce such rights. Section 12. NOTICE. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly on the third business day after the date postmarked, if delivered by domestic certified or registered mail with postage or, if delivered by other means, on the date actual notice is received. Addresses for notice to either party are as shown on the signature page of this Agreement, or as subsequently modified by written notice. Section 13. CONSENT TO JURISDICTION. The Company and Indemnitee each hereby irrevocably consent to the non-exclusive jurisdiction of the courts of the State of Michigan for all purposes in connection with any action or proceeding that arises out of or relates to this and agree that any action instituted under this Agreement may be brought in any court of competent jurisdiction in the State of Michigan. Section 14. CHOICE OF LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND ITS PROVISIONS CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN. View More
Successors and Assigns. This Agreement shall be binding upon the Company and its successors and assigns, assigns and shall inure to the benefit of Indemnitee and Indemnitee's estate, heirs, legal representatives and assigns. Without limiting the generality of the foregoing, this Agreement The Company shall be binding upon require and cause any successor (whether direct or indirect successor of the Company by purchase, merger merger, consolidation or otherwise otherwise) to all, substantially all or substantially all a ...substantial part of the business or and/or assets of the Company. 11 16. Company, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. -8- 15. Attorneys' Fees. In the event that any action is instituted by Indemnitee under this Agreement to enforce or interpret any of the terms hereof, Indemnitee shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by Indemnitee with respect to such action, unless as a part of such action, to the court of competent jurisdiction determines that each maximum extent permitted by the laws of the material assertions made by Indemnitee as a basis for such action were not made in good faith or were frivolous. State of Delaware. In the event of an action instituted by or in the name of the Company under this Agreement or to enforce or interpret any of the terms of this Agreement, Indemnitee shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by Indemnitee in defense of such action (including with respect to Indemnitee's counterclaims and cross-claims made in such action), unless as a part to the maximum extent permitted by the laws of such action the court determines that each State of Indemnitee's material defenses to such action were made in bad faith or were frivolous. Delaware. View More
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Successors and Assigns. This Agreement is intended to bind and inure to the benefit of and be enforceable by Executive, the Company and their respective heirs successors and assigns, except that Executive may not assign Executive's rights or delegate Executive's duties or obligations hereunder without the prior consent of the Company. This Agreement may be assigned by the Company to any of its Affiliates or to any entity that acquires more than fifty-percent (50%) of the voting interests in the Company or all or substa...ntially all of the assets of the Company. Upon and after such succession or assignment by the Company, reference in this Agreement to the Company shall be deemed to mean or include (as applicable) such successor or assign. 13 21. Complete Agreement. This Agreement, including any Schedules hereto, embodies the complete agreement and understanding among the parties with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements or representations by or among the parties, whether written or oral, with respect to such subject matter. View More
Successors and Assigns. This Agreement is intended to bind and inure to the benefit of and be enforceable by Executive, the Company and their respective heirs successors and assigns, except that Executive may not assign Executive's rights or delegate Executive's duties or obligations hereunder without the prior consent of the Company. This Agreement may be assigned by the Company to any of its Affiliates or to any entity that acquires more than fifty-percent (50%) of the voting interests in the Company or all or substa...ntially all of the assets of the Company. Upon and after such succession or assignment by the Company, reference in this Agreement to the Company shall be deemed to mean or include (as applicable) such successor or assign. 13 15 21. Complete Agreement; Replacement of Prior Employment Agreement. This Agreement, including any Schedules hereto, embodies the complete agreement and understanding among the parties with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements or representations by or among the parties, whether written or oral, with respect to such subject matter. matter, including specifically but not limited to any prior employment agreements between Executive and the Company's Affiliates and/or predecessors, including Twinlab Corporation. Without limiting the foregoing, Executive acknowledges and agrees that, as of the Effective Date, any such prior employment agreements is/are superseded and replaced by this Agreement and without any liability or obligation owing to Executive (by the Company, any of its Affiliates and/or any of its or their predecessors) under any such prior employment agreement(s). View More
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Successors and Assigns. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party, including, without limitation, the holders, from time to time, of the Guaranteed Obligations; and all representations, warranties, covenants and agreements by or on behalf of the Guarantors which are contained in this Agreement shall inure to the benefit of the Landlord's successors and assigns, including, without limitation, said holders, wheth...er so expressed or not. View More
Successors and Assigns. Whenever in this Agreement Guaranty any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party, including, including without limitation, limitation the holders, from time to time, of the Guaranteed Obligations; and all representations, warranties, covenants and agreements by or on behalf of the Guarantors Guarantor which are contained in this Agreement Guaranty shall inure to the benefit of the Landlord's each DHC Party's successo...rs and assigns, including, including without limitation, limitation said holders, whether so expressed or not. View More
Successors and Assigns. Whenever in this Agreement Guaranty any of the parties hereto is referred to, such reference shall be deemed to include the successors and assigns of such party, including, including without limitation, limitation the holders, from time to time, of the Guaranteed Obligations; and all representations, warranties, covenants and agreements by or on behalf of the Guarantors Guarantor which are contained in this Agreement Guaranty shall inure to the benefit of the Landlord's each DHC Party's successo...rs and assigns, including, including without limitation, limitation said holders, whether so expressed or not. View More
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Successors and Assigns. The Parties' obligations hereunder will be binding upon their successors and assigns. The Parties' rights and the rights of the other Released Parties will inure to the benefit of, and be enforceable by, any of the Parties' and Releasees' respective successors and assigns. The Company may assign all rights and obligations of this Agreement to any successor in interest to the assets of the Company. In the event that the Company is dissolved, all obligations of the Company under this Agreement wil...l be provided for in accordance with applicable law. View More
Successors and Assigns. The Parties' obligations hereunder will be binding upon their successors and assigns. The Parties' rights and the rights of the other Released Parties Releasees will inure to the benefit of, and be enforceable by, any of the Parties' and Releasees' respective successors and assigns. The Company may assign all rights and obligations of this Agreement to any successor in interest to the assets of the Company. In the event that the Company is dissolved, all The Executive may not assign any rights a...nd obligations of the Company under this Agreement will be provided for in accordance with applicable law. without the prior written consent of the Company. View More
Successors and Assigns. The Parties' obligations hereunder will shall be binding upon their successors and permitted assigns. The Parties' rights and the rights of the other Released Parties will Releasees shall inure to the benefit of, and be enforceable by, any of the Parties' and Releasees' respective successors and permitted assigns. Executive may not assign any of his rights and obligations under this Separation Agreement, except as may be agreed to in writing by the Company. The Company may assign all rights and ...obligations of this Separation Agreement to any successor in interest to the assets or business of the Company. In the event that the Company is dissolved, all obligations of the Company under this Separation Agreement will shall be provided for in accordance with applicable law. View More
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Successors and Assigns. This Agreement and all the terms and conditions hereof shall be binding upon and inure to the benefit of the Bank, including any successor entity to Bank by liquidation, merger, consolidation, reorganization, sale of assets or otherwise, and to the President, and when applicable, to her heirs, successors and assigns.
Successors and Assigns. This Agreement and all the terms and conditions hereof shall be binding upon and inure to the benefit of the Bank, including any successor entity to Bank by liquidation, merger, consolidation, reorganization, sale of assets or otherwise, and to the President, Employee, and when applicable, to her his heirs, successors and assigns.
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Successors and Assigns. This Guaranty is for the benefit of Lender and its successors and assigns, and, the rights and remedies hereunder, to the extent applicable to any indebtedness assigned, may, subject to the limitations set forth in the Loan Documents, be transferred with such indebtedness. This Guaranty is binding on Guarantor, and its successors and permitted assigns; provided that, Guarantor may not assign its obligations under this Guaranty without obtaining the prior written consent of Lender, and any assign...ment purported to be made without the prior written consent of Lender shall be null and void. View More
Successors and Assigns. This Guaranty Agreement is for the benefit of Lender and its successors and assigns, and, in the event of an assignment of the Guaranteed Obligations in accordance with the provisions of the Loan Agreement, or any part thereof, the rights and remedies hereunder, to the extent applicable to any the indebtedness so assigned, may, subject to the limitations set forth in the Loan Documents, may be transferred with such indebtedness. This Guaranty Agreement is binding on Guarantor, and its Guarantor'...s successors and permitted assigns; provided that, Guarantor may not assign its obligations under this Guaranty Agreement without obtaining the Lender's prior written consent of Lender, consent, and any assignment purported to be made without the Lender's prior written consent of Lender shall be null and void. View More
Successors and Assigns. This Guaranty is for the benefit of Lender and its successors and assigns, and, the rights and remedies hereunder, to the extent applicable to any indebtedness assigned, may, subject to the limitations set forth in the Loan Documents, be transferred with such indebtedness. This Guaranty is binding on Guarantor, and its successors and permitted assigns; provided that, Guarantor may not assign its obligations under this Guaranty without obtaining the prior written consent of Lender, and any assign...ment purported to be made without the prior written consent of Lender shall be null and void. Page 5 16. Loan Documents. The terms of the Loan Documents relating to Guarantor are incorporated herein by reference, the same as if stated verbatim herein, and Guarantor agrees that Lender may exercise any and all rights granted to it under the Loan Documents without affecting the validity or enforceability of this Guaranty. View More
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