Definition of KCD Change in Control


KCD Change in Control means the occurrence of any transaction or event or series of transactions or events, whether voluntary or involuntary, that results in an Unaffiliated Person or a Group acquiring directly, or as a consequence of which an Unaffiliated Person or a Group acquires directly, at any time after the date of this Agreement and by whatever means (including by license), all rights, title and interest in and to all of the KCD Marks. “Unaffiliated Person” means a natural person, entity, or other enterprise other than Seller or Seller’s Affiliate. “Seller’s Affiliate” means each natural person, entity, and other enterprise that directly or indirectly, and by whatever means, controls, is under common control with, or is controlled by, Seller.

Examples of KCD Change in Control in a sentence

Subject to the following sentences of this Section 2(c)(ii)(A), if a KCD Change in Control occurs during the Initial Term Seller may, by written notice delivered to Buyer on or before the 60th day following the effectiveness of the KCD Change in Control, terminate this Agreement.
Subject to the following sentences of this Section 2(c)(ii)(B), if a KCD Change in Control occurs during the First Renewal Period Seller may, by written notice delivered to Buyer on or before the 60th day following the effectiveness of the KCD Change in Control, terminate this Agreement.
Subject to the following sentence of this Section 2(c)(ii)(C), if a KCD Change in Control occurs during the Second Renewal Period Seller may, by written notice delivered to Buyer on or before the 60th day following the effectiveness of the KCD Change in Control, terminate this Agreement.
Subject to the following sentence of this Section 2(c)(ii)(B), if a KCD Change in Control occurs during the Renewal Period Seller may, by written notice delivered to Buyer on or before the 60th day following the effectiveness of the KCD Change in Control, terminate this Agreement.
If and when the FRP Greater Rate ceases to be payable by the Sears Full-Line stores the Royalty Rate will revert, for the remainder of the Renewal Period, to the Royalty Rate in effect immediately prior to the KCD Change in Control.