Common use of Evergreen Clause in Contracts

Evergreen. may assign or otherwise transfer this Agreement, and the license granted hereby and the rights and obligations acquired hereunder, including, without limitation, such transfers caused (i) by operation of a merger of EVERGREEN with another company, or (ii) by the sale or liquidation of EVERGREEN's stock or assets, or (iii) by the transfer of an interest in this Agreement pursuant to a security agreement delivered by EVERGREEN with respect to its rights under this Agreement, without the prior consent of SACHS, so long as the assignee or transferee shall agree to the terms and conditions of this Agreement.