Common use of Binding Effect; Participations Clause in Contracts

Binding Effect; Participations. All covenants, representations, warranties and other stipulations in this Agreement and other documents referred to herein, given by or on behalf of any of the parties hereto, shall bind and inure to the benefit of the respective successors, heirs, personal representatives and assigns of the parties hereto, except that the Company may not assign or transfer any of its rights or obligations under this Agreement or any of the other Transaction Documents without the prior written consent of the Purchaser. This Agreement, the Note and any of the other Transaction Documents may be endorsed, assigned and transferred in whole or part by the Purchaser. The Purchaser may grant participations in the Note, this Agreement and the other Transaction Documents (or any portion thereof). The Purchaser shall notify the Company in writing of any such endorsement, assignment or transfer by the Purchaser. In the event of any such grant of a participation in the Note, all references in this Agreement requiring the consent waiver or amendment of the Purchaser shall instead require an action by the Required Purchasers.

Appears in 2 contracts

Sources: Bridge Note Purchase Agreement (Horizon PCS Inc), Bridge Note Purchase Agreement (Horizon Personal Communications Inc)