By Grantee. Subject to Section 35.4, the Grantee may not assign or otherwise allow use of its rights under this Agreement to any person or entity other than an affiliate (as defined in Section 16.1) without the prior written approval of the Grantor. The Grantor's approval will be granted provided the new person or entity demonstrates to the reasonable satisfaction of the Grantor that the proposed assignee is financially and operationally fit, willing and able to discharge its obligations under this Agreement, acquires substantially all of the Grantee's business within the geographic area of such assignment including substantially all of the assets used in such business, and agrees to be bound directly and fully by all of the terms and conditions of this Agreement.
Appears in 3 contracts
Samples: Agreement for the Provision of Fiber Optic Facilities and Services (Northeast Optic Network Inc), Agreement for the Provision of Fiber Optic Facilities and Services (Northeast Optic Network Inc), Agreement for the Provision of Fiber Optic Facilities and Services (Globix Corp)
By Grantee. Subject to Section 35.4, the Grantee may not assign or otherwise allow use of its rights under this Agreement to any person or entity other than an affiliate (as defined in Section 16.1) without the prior written approval of the Grantor. The Grantor's ’s approval will be granted provided the new person or entity demonstrates to the reasonable satisfaction of the Grantor that the proposed assignee is financially and operationally fit, willing and able to discharge its obligations under this Agreement, acquires substantially all of the Grantee's ’s business within the geographic area of such assignment including substantially all of the assets used in such business, and agrees to be bound directly and fully by all of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Agreement for the Provision of Fiber Optic Facilities and Services (RCN Corp /De/)
By Grantee. Subject to Section 35.433, the Grantee may not assign or otherwise allow use of its rights under this Agreement to any person or entity other than an affiliate (as defined in Section 16.1) Affiliate of Grantee, without the express prior written approval of the Grantor. The Grantor's approval will be granted provided the new person or entity demonstrates to the reasonable satisfaction of the Grantor that the proposed assignee is financially and operationally fit, willing and able to discharge its obligations under this Agreement, acquires substantially all of the Grantee's business within the geographic area of such assignment assignment, including substantially all of the assets used in such business, and agrees to be bound directly and fully by all of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Agreement for the Provision of Fiber Optic Facilities and Services (Northeast Optic Network Inc)