Assignment and Financing. Neither party shall assign this Agreement or any portion thereof to any third party without the prior written consent of the other party which consent shall not be unreasonably withheld.
Assignment and Financing. Neither party shall assign this Agreement or any portion thereof to any third party without the prior written consent of the other party which consent shall not be unreasonably withheld. The PPA shall be binding upon and inure to the benefit of the solar power developer and the DISCOM and their respective permitted successors and assignees. This PPA shall not be assigned by either the solar power developer or the DISCOM except by mutual consent between the parties to the PPA to be evidence in writing. Provided such consent shall not be withheld if the DISCOM seeks to transfer to any transferee all of its rights and obligations under the PPA. Notwithstanding anything to the contrary contained herein, DISCOM shall promptly give its consent and no-objection to the assignment of any of the solar power developer’s rights and obligations under this PPA in favour of lenders or lender’s representative. Provided however that any successors or permitted assignees identified after such mutual agreement may be required to execute a new agreement on the same terms and conditions as are included in this agreement and obligations of the SPD provided herein the agreement shall not be waived in respect of the selectee unless such waiver is specifically issued in writing by the DISCOM.
Assignment and Financing. (a) Except as set forth in this Section 24.6, neither Party shall have the right to sell, transfer or assign this Agreement or its rights, duties or obligations hereunder, without the prior written consent of the other Party, which consent may not be unreasonably withheld, conditioned or delayed.
(b) Seller may, without the prior written consent of Purchaser, finance the acquisition and installation of the System through a loan, lease, partnership or other arrangement with one or more Financing Parties as security. In connection with such financing, Seller may, without the prior written consent of Purchaser, assign a security interest or hypothecate as security, in the System and/or this Agreement, to one or more Financing Parties or an affiliate or subsidiary of Seller. Seller shall provide prompt notice to Purchaser of any such assignment. Seller shall remain jointly liable along with such assignee for the obligations of Seller hereunder. In connection with the foregoing, Purchaser will exercise best efforts to review, execute and deliver within ten (10) business days of receipt of any all lien waivers, consents, acknowledgements, subordination agreements and other instruments and documentation reasonably required by Seller or a Financing Party to be executed by Purchaser in connection with any of the above permitted assignment of financing arrangements; provided that any such instruments or documentation must be in a commercially reasonable form and acceptable to Purchaser.
(c) Other than as provided in Section 24.6(b), Seller shall not otherwise sell, transfer, or assign its rights and obligations under this Agreement, or any interest in the Agreement, without the prior written consent of Purchaser. Purchaser shall approve or deny any request under this Section 24.6(c) of Seller’s written request within thirty (30) days of receipt thereof, unless the Parties mutually agree in writing to a longer period. Purchaser’s consent under this Section 24.6(c) shall not be unreasonably withheld, provided that Seller provides Purchaser with reasonable proof to Purchaser’s reasonable satisfaction that the proposed assignee: (i) has experience in operating and maintaining solar photovoltaic systems greater than or equal to that of Seller; (ii) has the financial capability and credit rating equal to or greater than that of Seller as of the Effective Date; (iii) has the ability to maintain the System and provide the services required pursuant to this Agreement in the ...
Assignment and Financing. Lessee and any sublessee of Lessee shall have the absolute right at any time and from time to time, without obtaining Lessor’s consent, to: (a) sell, convey, assign, sublease or otherwise transfer to any Person all or any portion of its right, title or interest under this Lease, in the Property and/or in any Wind Power Facilities; and/or (b) encumber, mortgage or pledge (including by mortgage, deed of trust or personal property security instrument) all or any portion of its right, title or interest under this Lease, in the Property and/or in any Wind Power Facilities to any Lender as security for the repayment of any indebtedness and/or the performance of any obligation (a “Lender’s Lien”). No such sale, conveyance, assignment, sublease or other transfer shall relieve Lessee of its obligations under this Lease unless Lessee assigns its entire interest hereunder, in which event Lessee shall have no continuing liability. Following any assignment of Lessee’s right, title or interest in the Property, Lessee shall promptly give notice of the same (including any new contact information) to Lessor. As used in this Lease, the term “Lender” means any Person that from time to time provides secured financing or extends secured credit for some or all of Lessee’s wind energy projects, Wind Power Facilities or Wind Operations, collectively with any security or collateral agent, indenture trustee, loan trustee or participating or syndicated lender involved in whole or in part in such financing, and their respective representatives, successors and assigns. Following the creation of a Lender’s Lien, Lessee or the Lender shall give notice of the same (including the address of the Lender for notice purposes) to Lessor; provided, however, that the failure to give such notice shall not constitute an Event of Default (as defined below) but rather shall only have the effect of not binding Lessor hereunder with respect to such Lender or until such notice is given or Lessor otherwise has actual notice of such Lender’s Lien.
Assignment and Financing a. This Agreement may not be assigned in whole or in part by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, SolarStorage may, without the prior written consent of Customer, (i) assign, mortgage, pledge or otherwise sell, transfer, or assign its interests in this Agreement to any Financing Party (as defined below),
Assignment and Financing. Assignment.
Assignment and Financing
