Personal to Licensee. (a) In recognition of the unique nature of the relationship between Licensor and Holding Company, the fact that Licensor would not be willing to enter into an agreement such as this Agreement with any other party in any other circumstances, and the unique nature of Licensee (including without limitation, the fact that Holding Company is partially owned by Licensor's Affiliate, AT&T Wireless PCS LLC), the parties agree that the rights, obligations and benefits of this Agreement shall be personal to Licensee, and Licensor shall not be required to accept performance from, or render performance to an entity other than Licensee or even to Licensee itself in the event of a Change of Control of Licensee. Pursuant to 11 U.S.C. (S) 365(c)(1)(A) (as it may be amended from time to time, and including any successor to such provision), in the event of the Bankruptcy of Licensee, this Agreement may not be assigned or assumed by Licensee (or any Successor) and Licensor shall be excused from rendering performance to, or accepting performance from, Licensee or any Successor.
Appears in 1 contract
Samples: Network Membership License Agreement (Telecorp Tritel Holding Co)
Personal to Licensee. (a) In recognition of the unique nature of the relationship between Licensor and Holding CompanyLicensee, the fact that Licensor would not be willing to enter into an agreement such as this Agreement with any other party in any other circumstances, and the unique nature of Licensee (including without limitation, the fact that Holding Company Licensee is partially owned by Licensor's Affiliate, AT&T Wireless PCS LLCInc.), the parties agree that the rights, obligations and benefits of this Agreement shall be personal to Licensee, and Licensor shall not be required to accept performance from, or render performance to an entity other than Licensee or even to Licensee itself in the event of a Change of Control of Licensee. Pursuant to 11 U.S.C. (S) ss. 365(c)(1)(A) (as it may be amended from time to time, and including any successor to such provision), in the event of the Bankruptcy of Licensee, this Agreement may not be assigned or assumed by Licensee (or any Successor) and Licensor shall be excused from rendering performance to, or accepting performance from, Licensee or any Successor.
Appears in 1 contract
Personal to Licensee. (a) In recognition of the unique nature of the relationship between Licensor and Holding CompanyLicensee, the fact that Licensor would not be willing to enter into an agreement such as this Agreement with any other party in any other circumstances, and the unique nature of Licensee (including without limitation, the fact that Holding Company Licensee is partially owned indirectly by Licensor's Affiliate, AT&T Wireless PCS LLCInc.), the parties agree that the rights, obligations and benefits of this Agreement shall be personal to Licensee, and Licensor shall not be required to accept performance from, or render performance to an entity other than Licensee or even to Licensee itself in the event of a Change of Control of LicenseeControl. Pursuant to 11 U.S.C. (S) 365(c)(1)(A) (as it may be amended from time to time, and including any successor to such provision), in the event of the Bankruptcy of Licensee, this Agreement may not be assigned or assumed by Licensee (or any Successor) and Licensor shall be excused from rendering performance to, or accepting performance from, Licensee or any Successor.
Appears in 1 contract
Samples: Network Membership License Agreement (Triton PCS Inc)
Personal to Licensee. (a) In recognition of the unique nature of the relationship between Licensor and Holding CompanyLicensee, the fact that Licensor would not be willing to enter into an agreement such as this Agreement with any other party in any other circumstances, and the unique nature of Licensee (including without limitation, the fact that Holding Company Licensee is partially owned by Licensor's Affiliate, AT&T Wireless PCS LLCInc.), the parties agree that the rights, obligations and benefits of this Agreement shall be personal to Licensee, and Licensor shall not be required to accept performance from, or render performance to an entity other than Licensee or even to Licensee itself in the event of a Change of Control of Licensee. Pursuant to 11 U.S.C. (S) 365(c)(1)(A) (as it may be amended from time to time, and including any successor to such provision), in the event of the Bankruptcy of Licensee, this Agreement may not be assigned or assumed by Licensee (or any Successor) and Licensor shall be excused from rendering performance to, or accepting performance from, Licensee or any Successor.
Appears in 1 contract
Samples: Network Membership License Agreement (Telecorp PCS Inc)