Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part in connection with a grant of security interest to lenders participating in a senior secured credit facility syndicated by ▇▇▇▇▇▇▇, ▇▇▇▇▇ and Co. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Sources: Internet Data Center Services Agreement (Digital Insight Corp)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part in connection with a grant of security interest to lenders participating in a senior secured credit facility syndicated by ▇▇▇▇Gold▇▇▇, ▇▇ch▇ ▇▇▇ and Co. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Sources: Internet Data Center Services Agreement (Nfront Inc)
Assignment-Notices. Customer Neither party may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodusthe other party, except that Customer the parties may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Notwithstanding the foregoing, Exodus may assign this Agreement Agreement, in whole or part in part, in connection with a grant of security interest to lenders participating in a senior secured credit facility syndicated by ▇▇▇▇▇▇▇, ▇▇▇▇▇ and Co. facility. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract