17.
CAPTIONS. THE HEADINGS TO SECTIONS OF THIS
AGREEMENT ARE INSERTED FOR CONVENIENCE OF REFERENCE ONLY AND WILL NOT AFFECT THE
MEANING OR INTERPRETATION OF THIS AGREEMENT.
18.
SCHEDULES. ALL SCHEDULES HERETO WHICH ARE
REFERRED TO HEREIN ARE HEREBY MADE A PART HEREOF AND INCORPORATED HEREIN BY SUCH
REFERENCE.
19.
NO THIRD PARTY BENEFICIARIES. THIS AGREEMENT
INURES TO THE SOLE AND EXCLUSIVE BENEFIT OF THE PARTIES, THEIR RESPECTIVE
SUCCESSORS, LEGAL REPRESENTATIVES AND PERMITTED ASSIGNS, AND CONFERS NO BENEFIT
ON ANY THIRD PARTY.
20.
MUTUAL COOPERATION; FURTHER ASSURANCES. UPON
REQUEST BY EITHER PARTY FROM TIME TO TIME DURING THE TERM OF THIS AGREEMENT,
EACH PARTY AGREES TO EXECUTE AND DELIVER ALL SUCH OTHER AND ADDITIONAL
INSTRUMENTS, NOTICES AND OTHER DOCUMENTS AND DO ALL SUCH OTHER ACTS AND THINGS
AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS AGREEMENT AND TO MORE
FULLY ASSURE THE PARTIES' RIGHTS AND INTERESTS PROVIDED FOR HEREUNDER.
21.
AMENDMENTS; CHANGES; MODIFICATIONS. THIS
AGREEMENT MAY NOT BE EFFECTIVELY AMENDED, CHANGED, MODIFIED OR ALTERED WITHOUT
THE WRITTEN CONSENT OF THE PARTIES AND SUCH CONSENT SHALL BE EFFECTIVE ONLY IN
THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE FOR WHICH IT IS GIVEN.
12
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date
first above written.
BUYER:
STEWART & STEVENSON LLC
By:
/s/ Hushang Ansary
Name:
Hushang Ansary
Title:
Chairman
PARENT:
STEWART & STEVENSON SERVICES, INC.
By:
/s/ Carl B. King
Name:
Carl B. King
Title:
Senior Vice President, Secretary
and General Counsel
13
Schedules are omitted in accordance with Item 601(b)(2) of Regulation S-K.
Schedules will be provided by the Company to the Securities Exchange Commission
upon request.