Assignment, Amendment and Termination of Off-Take Agreement. (a) MSCG or DCR as applicable shall deliver not less than 10 Business Days prior written notice to Statoil of any proposed assignment by MSCG or DCR of the Off-Take Agreement. Neither MSCG nor DCR shall assign its rights under the Off-Take Agreement in any manner that would materially and adversely affect Statoil’s rights hereunder without Statoil’s prior written consent. Notwithstanding the foregoing, any assignment by MSCG of its rights under the Off-Take Agreement that is expressly subject to the terms of this Agreement shall not require Statoil’s prior written consent; provided, however, if Statoil reasonably determines that any such assignment would materially and adversely affect Statoil’s rights hereunder, then Statoil shall have the unilateral right to terminate the Supply Agreement and/or this Agreement under the provisions thereof and hereof applicable to a default by the non-Statoil parties.
Appears in 3 contracts
Samples: Delivery and Services Agreement (PBF Energy Inc.), Delivery and Services Agreement (PBF Energy Inc.), Intercreditor Agreement (PBF Energy Inc.)
Assignment, Amendment and Termination of Off-Take Agreement. (a) MSCG or DCR PBO as applicable shall deliver not less than 10 Business Days prior written notice to Statoil of any proposed assignment by MSCG or DCR PBO of the Off-Take Agreement. Neither MSCG nor DCR PBO shall assign its rights under the Off-Take Agreement in any manner that would materially and adversely affect Statoil’s rights hereunder without Statoil’s prior written consent. Notwithstanding the foregoing, any assignment by MSCG of its rights under the Off-Take Agreement that is expressly subject to the terms of this Agreement shall not require Statoil’s prior written consent; provided, however, if Statoil reasonably determines that any such assignment would materially and adversely affect Statoil’s rights hereunder, then Statoil shall have the unilateral right to terminate the Supply Agreement and/or this Agreement under the provisions thereof and hereof applicable to a default by the non-Statoil parties.
Appears in 3 contracts
Samples: Delivery and Services Agreement (PBF Energy Inc.), Delivery and Services Agreement (PBF Energy Inc.), Intercreditor Agreement (PBF Energy Inc.)