What are you on about? Even a non-binding MOU is an agreement and this is a binding one. Try to find a description of an MOU that does not feature 'an agreement' in that description.
Of course, if things do not come to pass as expected with EUR then BMW have a few clauses where they can get out of this agreement but a binding MOU is not something that any reputable company will just tear up on no reasonable grounds.
Ann: EUR Merger with NASDAQ Corp - Equity Consideration US$750m, page-322
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