Mississippi Consent of the Nonassigning Party Provisions

State:
Multi-State
Control #:
US-ND0312
Format:
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PDF; 
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Description

This form provides boilerplate contract clauses that outline consent requirements for any assignment or delegation of rights under a contract. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

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FAQ

The anti-assignment clause states that neither party can transfer or assign the agreement without the consent of the other party. On a basic level, that makes sense ? after all, if you sign a contract with a specific party, you don't expect to be entering into an agreement with a third party you didn't intend to be.

The anti-assignment clause states that neither party can transfer or assign the agreement without the consent of the other party. On a basic level, that makes sense ? after all, if you sign a contract with a specific party, you don't expect to be entering into an agreement with a third party you didn't intend to be.

For example: Either party may assign its rights under this Agreement, including its right to receive payments hereunder, to a subsidiary, affiliate or any financial institution, but in such case the assigning party shall remain liable to the other party for the assigning party's obligations hereunder.

Consent to assignment refers to allowing a party of a contract to assign a contract and move the obligations to another party. The party of the existing contract, known as the assignor, will pass on the contract to another party, known as the assignee.

Non-Assignable Contracts means Assumed Contracts that require third-party consents for assignment that have not been obtained by the Seller prior to or as of the Closing.

Can a contract be assigned without consent? If the contract is silent on whether or not the benefit of the agreement can be assigned, then in principle, assignment can take place without the other contracted party's consent.

The following is an example of a non-assignment provision encompassing the right to payment: ?This contract cannot be assigned to anyone without the written consent of both parties. No party to this contract has the power to sell, mortgage, encumber, or anticipate the future payments by assignment or otherwise.?

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Mississippi Consent of the Nonassigning Party Provisions