Practice Tip for Customers. Try, at a minimum, to get the right to assign to a successor in a corporate restructuring or reorganization situation and, if possible, the right to assign to a successor pursuant to an acquisition.
Practice Tip for Customers. Seek a broad right to transfer that includes successors pursuant to acquisition by stock or asset sale, merger, consolidation, or other corporate restructurings or reorganizations.
Practice Tip for Customers. Seek a broad right to transfer that includes successors pursuant to acquisition by stock or asset sale, merger, consolidation, or other corporate restructurings or reorganizations. Practice Tip for Vendors Since the transfer of nonexclusive license rights can sometimes lead to significant unintended consequences (such as transfer to a competitor), consider a broad “deemed transfer” clause that would require your permission prior to any transfer by change of control of the customer by stock sale, merger, or the like. Unlike the licensee position, for the licensor position there is no presumption that the licensor may not transfer the license agreement. For this reason, and others, the prudent vendor should consider resisting mutuality in the transferability provisions. 3rd Proofs 02/01/18 42. Id. at 439 (quoting OHIO REV. CODE XXX. § 1701.82(A)(3)).
