Common use of FIRSTWORLD'S RIGHT TO ASSIGN Clause in Contracts

FIRSTWORLD'S RIGHT TO ASSIGN. FirstWorld shall not either voluntarily or by operation of law, assign, encumber (except in accordance with Article 11) or otherwise transfer its rights under this Agreement, or sublicense or otherwise permit the use of the License by anyone other than FirstWorld (any of the foregoing being a "Transfer") without the prior written consent of Irvine, which consent shall not be unreasonably withheld or conditioned. For purposes of this Agreement, any sale of a controlling percentage of the shares of FirstWorld (except by or to a Lender which is not an Affiliated Lender in connection with the enforcement by Lender of its remedies), shall be deemed to constitute a Transfer of this Agreement. Any purported Transfer without Irvine's consent shall be void and of no force or effect. Except to the extent permitted under Section 14.6, below and Article 11, above, in no event shall FirstWorld have the right to Transfer this Agreement or any of its rights hereunder separately from the Irvine Networks and the Conduit Lease, and any attempted transfer of this Agreement or any of FirstWorld's rights hereunder separate from the Irvine Networks and the Conduit Lease shall be void and of no force or effect.

Appears in 2 contracts

Samples: System License Agreement (Firstworld Communications Inc), System License Agreement (Firstworld Communications Inc)

AutoNDA by SimpleDocs

FIRSTWORLD'S RIGHT TO ASSIGN. FirstWorld shall not either voluntarily or by operation of law, assign, encumber (except in accordance with Article 1113, below) or otherwise transfer its rights under this Agreement, or sublicense sublet or otherwise permit the use of the License Leased Premises by anyone other than FirstWorld (any of the foregoing being a "Transfer") without the prior written consent of Irvine, which consent shall not be unreasonably withheld or conditioned. For purposes of this Agreement, any sale of a controlling percentage of the shares of FirstWorld (except by or to a Lender which is not an Affiliated Lender in connection with the enforcement by such Lender of its remedies), shall be deemed to constitute a Transfer of this Agreement. Any purported Transfer without Irvine's consent shall be void and of no force or effect. Except to the extent permitted under Section 14.6, below 12.6 and Article 1113, abovebelow, in no event shall FirstWorld have the right to Transfer this Agreement or any of its rights hereunder the Leased Premises separately from the Irvine Networks and the Conduit LeaseLicense Agreement, and any attempted transfer Transfer of this Agreement or any of FirstWorld's rights hereunder the Leased Premises separate from the Irvine Networks and or the Conduit Lease License Agreement shall be void and of no force or effect.

Appears in 2 contracts

Samples: Firstworld Communications Inc, Firstworld Communications Inc

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.