definiens: means any corporation, company, partnership, joint venture and/or finn that controls, is controlled by, or is under common control with an entity detennined in accordance with the definition of Affiliate in the US - ENOX Agreement . If a Party assigns this MOU to ( i ) the purchaser ( which, immediately prior to such transaction, is a Third Party ) of ( A ) all or substantially all of the assets of the assigning Party 's business to which this MOU relates, or ( B ) a majority of the voting equity securities of the assigning Party, or ( ii ) the surviving Person, in the event of a merger of the assigning Party and another Person, any such purchaser or successor shall be bound by the tenns hereof, and such assignment or transaction shall not provide the other Party with rights or access to intellectual property rights of the acquirer of such Party which were not already intellectual property rights Controlled by such Party prior to such assignment or such transaction