Nonassignable Assets. To the extent that any of the Acquired -------------------- Assets is not capable of being assigned or transferred without the consent or waiver of a third party (whether or not a governmental authority), or if such assignment or transfer would constitute a breach thereof or a violation of applicable law, this Agreement (and any related documents delivered at the Closing) shall not constitute an actual or attempted assignment or transfer thereof unless and until such consent or waiver of such third party has been duly obtained or such assignment, transfer, sublease or sublicense has otherwise become lawful (any of the Acquired Assets not assigned or transferred as a result of this Section 1(i) is hereinafter referred to as an "Unassigned Asset").
Appears in 2 contracts
Sources: Asset Purchase Agreement (Fields MRS Original Cookies Inc), Asset Purchase Agreement (Pretzel Time Inc)