Binding Effect; No Oral Modification Sample Clauses

Binding Effect; No Oral Modification. This AGREEMENT shall be binding upon and shall inure to the benefit of the parties and their respective personal representatives, successors and assigns. This AGREEMENT may not be altered, modified or amended unless such alteration, modification or amendment is in writing and executed by the LENDER.
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Binding Effect; No Oral Modification. This Agreement shall be binding upon Healthways, ▇▇. ▇▇▇ and upon ▇▇. ▇▇▇’▇ heirs, administrators, representatives and executors. The provisions of this Agreement may not be modified orally, but only in a writing signed by the parties to be charged.
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Binding Effect; No Oral Modification. This Agreement will be binding upon O’Charley’s, ▇▇. ▇▇▇▇▇ and upon ▇▇. ▇▇▇▇▇’ heirs, administrators, representatives, executors, successors, and assigns. The provisions of this Agreement may not be modified orally, but only in a writing signed by the parties to be charged.
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Binding Effect; No Oral Modification. This Agreement will be binding upon O’Charley’s, ▇▇. ▇▇▇▇▇ and upon ▇▇. ▇▇▇▇▇’ heirs, administrators, representatives, executors, successors, and assigns. The provisions of this Agreement may not be modified orally, but only in a writing signed by the parties to be charged. [Signature page(s) follow] /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ O’Charley’s Inc. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. Title: Chairman, Compensation Committee SCHEDULE A ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Equity Awards Total Number of Number Shares Vested/ of Number of Exercisable Shares Shares Under Award Subject Unvested/ After Giving Exercise to Award Unexercisable Effect to Vesting ▇▇▇▇▇ ▇▇▇▇▇ Per on Grant on Termination on Termination Date Share Date Date Date Stock Option Award 02/17/1999 $ 15.25 40,000 0 40,000 Stock Option Award 02/15/2000 $ 11.88 30,000 9,240 30,000 Stock Option Award 02/19/2003 $ 21.19 79,200 0 79,200 Restricted Stock Award 02/19/2003 N/A 39,600 39,600 39,600 Restricted Stock Award 02/24/2006 N/A 54,169 18,057 54,169 Restricted Stock Award 02/07/2007 N/A 45,191 22,597 45,191 Restricted Stock Award1 03/10/2008 N/A 45,833 45,833 45,833 Restricted Stock Award2 03/10/2008 N/A 45,833 45,833 0 1 Represents time-based vesting portion of 2008 restricted stock award, all of which is to vest hereunder.
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Binding Effect; No Oral Modification. This Agreement will be binding upon O’Charley’s, ▇▇. ▇▇▇▇▇ and upon ▇▇. ▇▇▇▇▇’ heirs, administrators, representatives, executors, successors, and assigns. The provisions of this Agreement may not be modified orally, but only in a writing signed by the parties to be charged. Stock Option Award 02/17/1999 $ 15.25 40,000 0 40,000 Stock Option Award 02/15/2000 $ 11.88 30,000 9,240 30,000 Stock Option Award 02/19/2003 $ 21.19 79,200 0 79,200 Restricted Stock Award 02/19/2003 N/A 39,600 39,600 39,600 Restricted Stock Award 02/24/2006 N/A 54,169 18,057 54,169 Restricted Stock Award 02/07/2007 N/A 45,191 22,597 45,191 Restricted Stock Award1 03/10/2008 N/A 45,833 45,833 45,833 Restricted Stock Award2 03/10/2008 N/A 45,833 45,833 0 1 Represents time-based vesting portion of 2008 restricted stock award, all of which is to vest hereunder. 2 Represents performance-based vesting portion of 2008 restricted stock award, all of which is to terminate hereunder. THIS FINAL RELEASE (this “Agreement”) is made and entered into this day of May3, 2009 (the “Termination Date”), by and between ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (hereinafter referred to as “▇▇. ▇▇▇▇▇”) and O’Charley’s Inc. and its subsidiaries, affiliates and related entities, with a principal office of ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (as more fully defined in Paragraph 2 below, “O’Charley’s”).
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Binding Effect; No Oral Modification. This MODIFICATION shall be binding upon and shall inure to the benefit of the parties and their respective personal representatives, successors and assigns. This MODIFICATION may not be altered, modified or amended unless such alteration, modification or amendment is in writing and executed by LASALLE.
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Related to Binding Effect; No Oral Modification

  • Binding Effect; No Assignment This Agreement will be binding upon and inure to the benefit of and be enforceable by the successors and assigns of the Parties. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the Parties and those categories of persons specifically enumerated herein, or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. No Party to this Agreement may, directly or indirectly, assign its rights or delegate its obligations hereunder (whether voluntarily, involuntarily or by operation of law) without the prior written consent of the other Parties. Any such attempted assignment or delegation will be null and void.

  • Binding Effect; Ratification (a) On and after the execution and delivery hereof, (i) this Amendment shall be a part of the Receivables Sale Agreement and (ii) each reference in the Receivables Sale Agreement to “this Agreement”, “hereof”, “hereunder” or words of like import, and each reference in any other Related Document to the Receivables Sale Agreement, shall mean and be a reference to such Receivables Sale Agreement as amended hereby. (b) Except as expressly amended hereby, the Receivables Sale Agreement shall remain in full force and effect and is hereby ratified and confirmed by the parties hereto.

  • Binding Effect; Assignment; No Third Party Benefit This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and permitted assigns. Except as otherwise expressly provided in this Agreement, neither this Agreement nor any of the rights, interests, or obligations hereunder shall be assigned by any of the parties hereto without the prior written consent of the other parties. Except as provided in Section 8.5 and Article XI, nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other than the parties hereto, and their respective heirs, legal representatives, successors, and permitted assigns, any rights, benefits, or remedies of any nature whatsoever under or by reason of this Agreement.

  • Duration of Agreement; Binding Effect (a) This Agreement shall continue until and terminate on the later of (i) the date that Indemnitee shall have ceased to serve as a director, officer, employee or agent of the Company or as a director, trustee, officer, partner, manager, managing member, fiduciary, employee or agent of any other foreign or domestic corporation, real estate investment trust, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise that such person is or was serving in such capacity at the request of the Company and (ii) the date that Indemnitee is no longer subject to any actual or possible Proceeding (including any rights of appeal thereto and any Proceeding commenced by Indemnitee pursuant to Section 12 of this Agreement). (b) The indemnification and advance of Expenses provided by, or granted pursuant to, this Agreement shall be binding upon and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company), shall continue as to an Indemnitee who has ceased to be a director, officer, employee or agent of the Company or a director, trustee, officer, partner, manager, managing member, fiduciary, employee or agent of any other foreign or domestic corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise that such person is or was serving in such capacity at the request of the Company, and shall inure to the benefit of Indemnitee and Indemnitee’s spouse, assigns, heirs, devisees, executors and administrators and other legal representatives. (c) The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all or a substantial part, of the business and/or assets of the 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. (d) The Company and Indemnitee agree that a monetary remedy for breach of this Agreement, at some later date, may be inadequate, impracticable and difficult of proof, and further agree that such breach may cause Indemnitee irreparable harm. Accordingly, the parties hereto agree that Indemnitee may enforce this Agreement by seeking injunctive relief and/or specific performance hereof, without any necessity of showing actual damage or irreparable harm and that by seeking injunctive relief and/or specific performance, Indemnitee shall not be precluded from seeking or obtaining any other relief to which Indemnitee may be entitled. Indemnitee shall further be entitled to such specific performance and injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions, without the necessity of posting bonds or other undertakings in connection therewith. The Company acknowledges that, in the absence of a waiver, a bond or undertaking may be required of Indemnitee by a court, and the Company hereby waives any such requirement of such a bond or undertaking.

  • Binding Effect of this Agreement By receiving and accepting a Note, each Holder, Financial Intermediary and Beneficial Owner of such Note unconditionally agrees, without any signature or further manifestation of assent, to be bound by the terms and conditions of this Agreement, as supplemented, modified or amended pursuant to its terms. This Agreement shall be binding upon and inure to the benefit of any successor to ▇▇▇▇▇▇▇ Mac.