Common use of MIPS Clause in Contracts

MIPS. Except where SGI's sale of MIPS capital stock to a third party results in a Change of Control, in the event more than fifty (50%) of the outstanding shares or securities (representing the right to vote for the election of directors or other managing authority) of MIPS becomes owned or controlled directly or indirectly by a third party ("Change of Control"), MIPS shall promptly give notice to SGI of such Change of Control. Upon such Change of Control the licenses granted to MIPS pursuant to Section 3 above shall immediately terminate except that in the event after such Change of Control, MIPS is kept by the acquirer as an intact and independent business unit recognizable as the same business unit that existed prior to the Change of Control, then: (i) MIPS's licenses shall be restricted to the MIPS business unit only and not the acquirer's other business units, and (ii) SGI's licenses under Section 4 above shall be limited to Patents obtained or filed, and improvements developed, by MIPS only and not the acquirer's other business units. If MIPS is not maintained as a independent business unit as set forth above then: (i) SGI's licenses under Section 4 above shall apply to all Patents obtained or filed, and improvements developed, by the acquirer or any of its business units, and (ii) MIPS license will terminate, provided that in the event there is a pre-existing license agreement between SGI and the acquirer, the licenses shall continue within the scope of such preexisting licenses subject to the payment of any royalties due SGI under such pre- existing agreement.

MIPS. Except where SGI's sale of MIPS capital stock to a ---- third party results in a Change of Control, in the event more than fifty (50%) of the outstanding shares or securities (representing the right to vote for the election of directors or other managing authority) of MIPS becomes owned or controlled directly or indirectly by a third party ("Change of Control"), MIPS shall promptly give notice to SGI of such Change of Control. Upon such Change of Control the licenses granted to MIPS pursuant to Section 3 above shall immediately terminate except that in the event after such Change of Control, MIPS is kept by the acquirer as an intact and independent business unit recognizable as the same business unit that existed prior to the Change of Control, then: (i) MIPS's licenses shall be restricted to the MIPS business unit only and not the acquirer's other business units, and (ii) SGI's licenses under Section 4 above shall be limited to Patents obtained or filed, and improvements developed, by MIPS only and not the acquirer's other business units. If MIPS is not maintained as a independent business unit as set forth above then: (i) SGI's licenses under Section 4 above shall apply to all Patents obtained or filed, and improvements developed, by the acquirer or any of its business units, and (ii) MIPS license will terminate, provided that in the event there is a pre-existing license agreement between SGI and the acquirer, the licenses shall continue within the scope of such preexisting licenses subject to the payment of any royalties due SGI under such pre- existing agreement.