Changes in Control. A change of control of 50% or more of the capital stock in either Party (except to an Affiliate) shall be deemed an assignment for purposes of Section 10.3(a); provided that the foregoing shall not apply to any direct or indirect changes in ownership (or to any merger, consolidation, sale of substantially all of the assets, or recombination) of (i) Fulcrum BioEnergy, Inc., in the case of Fulcrum or (ii) Waste Management, Inc., in the case of Supplier (such entities are herein referred to as the “Ultimate Parent(s)”). [***]
Appears in 4 contracts
Samples: Supply Agreement, Feedstock Supply Agreement (Fulcrum Bioenergy Inc), Feedstock Supply Agreement (Fulcrum Bioenergy Inc)
