Will, you're doing a little too much wishing here. Read the box again:
I received the latest Gun News Digest on Saturday (5 August 2000), and it reports that S&W is now officially up for sale. I privately predicted that this would occur.
The S&W Agreement, amazingly, does not contain the standard "successors and assigns" clause (e.g., "This Agreement shall be binding on and inure to the benefit of the parties' respective successors and assigns.")
Perhaps this was an oversight on the part of the government agency lawyers who wrote the thing, since we all know that government agencies simply last forever and the thought would never occur to them that they would have "successors or assigns." Perhaps it was a non-obvious negotiated "out" for S&W if the agreement proved disastrous. In any event, this creates a very good legal argument that anyone who buys the assets of S&W (as opposed to buying the company itself), including the valuable S&W name (formerly valuable?) can do so free and clear of the obligations of the S&W agreement. If and when such a sale occurs, we can expect a blitz of advertising designed to win back lost customers and dealers with salient references to "under new management."
You missed the middle part. He's mentioning the same thing I mentioned previously. If you purchase solely the assets of a company, you can usually escape being bound by their agreements and legal obligations. That's why I don't care if the current S&W goes out of business - it still can rise from the ashes in parts, like many companies have done in the past. But it would have the added bonus of no agreement attached.
Example: Suppose hormel has a contract with the government (they probably do), in which they are required to make 1 million cans of spam every month. (who knows why, we're talking about the government here).
If you bought the company, hormel, you'd still be bound by legal agreement to fulfill the contract. You'd have to deliver 1 million cans of spam each month.
However, if you entered into an agreement to only buy either the recipe for spam (the 'intelectual property' equivalent to the above mentioned patents) or the equipment that makes spam ( equivalent to the tooling of S&W), you would not be liable to supply one million cans of spam a month. The entity known as hormel would be liable.
Saf-T-Hammer bought S&W, the company. Not just the patents, or the tooling, they bought the whole company. With that it bought the clinton HUD and boston agreements.
Using the text you cited from the article, that means the agreement is still binding.
Also, the new management has stated they will abide by all agreements.
Do you need any more proof?