Assignment; Merger. Company may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement without the prior written consent of T-Mobile. In the event of (i) a merger of Company with another entity, regardless of where the assigning party is the surviving party, (ii) the sale or transfer of a majority of Company’s assets, (iii) an acquisition of fifty percent (50%) or more of the Company’s voting stock or other voting interests by a third party, and (iv) change in beneficial ownership of fifty percent (50%) or more of Company’s ownership equity or if an unauthorized attempted assignment occurs, T-Mobile will have the right to terminate this Agreement upon written notice to the assigning party or surviving entity. Subject to the foregoing, this Agreement will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.
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Sources: Mobile Application Agreement (Mobitv Inc), Mobile Application Agreement (Mobitv Inc)