Common use of Assignment; Succession Clause in Contracts

Assignment; Succession. 23.1 Except as provided in this Article, Norlight shall not assign this Agreement to any other party without the prior written consent of US Xchange, provided, however, that without such consent, Norlight shall have the right to assign, sublet or otherwise transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of Norlight or to any person, firm or corporation which shall control, be under the control of or be under common control with Norlight, or any corporation or entity into which Norlight or a subsidiary of Norlight may be merged or consolidated or which purchases all or substantially all of the assets of Norlight or a subsidiary of Norlight. 23.2 Except as provided in this Article, US Xchange shall not assign this Agreement to any other party without the prior written consent of Norlight, provided, however, that without such consent, US Xchange shall have the right to assign, sublet or otherwise transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of US Xchange or to any person, firm or corporation which shall control, be under the control of or be under common control with US Xchange, or any corporation or entity into which US Xchange, or a subsidiary of US Xchange, may be merged or consolidated or which purchases all or substantially all of the assets of US Xchange, or a subsidiary of US Xchange. 23.3 Subject to the provisions of this Article each of the parties’ respective rights and obligations hereunder, shall be binding upon and shall inure to the benefit of the parties hereto and each of their respective permitted successors and assigns.

Appears in 2 contracts

Samples: Fiber Optic Construction Agreement and Grant of Iru (Norlight Telecommunications, Inc.), Fiber Optic Construction Agreement and Grant of Iru (Norlight Telecommunications, Inc.)

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Assignment; Succession. 23.1 Except as provided in this Article, Norlight the IRU Grantee shall not assign this Agreement to any other party without the prior written consent of US Xchangethe Owner, provided, however, that without such consent, Norlight the IRU Grantee shall have the right to assign, sublet or otherwise transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of Norlight the IRU Grantee or to any person, firm or corporation which shall control, be under the control of or be under common control with Norlightthe IRU Grantee, or any corporation or entity into which Norlight the IRU Grantee or a subsidiary of Norlight the IRU Grantee, may be merged or consolidated or which purchases all or substantially all of the assets of Norlight the IRU Grantee or a subsidiary of Norlightthe IRU Grantee. 23.2 Except as provided in this Article, US Xchange the Owner shall not assign this Agreement to any other party without the prior written consent of Norlightthe IRU Grantee, provided, however, that without such consent, US Xchange the Owner shall have the right to assign, sublet or otherwise transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of US Xchange the Owner or to any person, firm or corporation which shall control, be under the control of or be under common control with US Xchangethe Owner, or any corporation or entity into which US Xchangethe Owner, or a subsidiary of US Xchangethe Owner, may be merged or consolidated or which purchases all or substantially all of the assets of US Xchangethe Owner, or a subsidiary of US Xchangethe Owner. 23.3 Subject to the provisions of this Article each of the parties’ respective rights and obligations hereunder, shall be binding upon and shall inure to the benefit of the parties hereto and each of their respective permitted successors and assigns.

Appears in 2 contracts

Samples: Fiber Optic Exchange Agreement (Norlight Telecommunications, Inc.), Fiber Optic Exchange Agreement (Norlight Telecommunications, Inc.)

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