Assignment by the Operator. The Operator shall not assign its rights or obligations under this Agreement without the prior written consent of the Company, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that (a) subject to Article 15 hereof and Article VI of the Omnibus Agreement, the Operator may assign this Agreement without such consent in connection with a sale by the Operator of all or substantially all of the Terminal, including by merger, equity sale, asset sale or otherwise, so long as the transferee: (i) agrees to assume all of the Operator’s obligations under this Agreement; (ii) is financially and operationally capable of fulfilling the terms of this Agreement, which determination shall be made by the Operator in its reasonable judgment; and (iii) is not a competitor of the Company, as determined by the Company in good faith; and (b) the Operator shall be permitted to make a collateral assignment of this Agreement solely to secure financing for the Operator and its Affiliates.
Assignment by the Operator. (a) Subject to the following provisions of this Clause 22.2, the Operator shall not Assign its rights or obligations, or any part thereof, under this Agreement without:
Assignment by the Operator. 13.1.1 With the modifications in clauses 13.1.3, 13.1.4, 13.1.5 and 13.1.6, the Operator shall not be enti- tled to assign, novate or otherwise transfer (in Danish: “enhver form for overdragelse”) any obliga- tions or rights under the Contract to any other party without the prior written approval of the DEA. The DEA’s approval shall not be unreasonably withheld. Approval will only be granted where such transfer can take place without the risk of breach of the public procurement rules and where no material circumstances otherwise prevent such transfer.
Assignment by the Operator. (a) Subject to the following provisions of this Clause 21.2, the Operator shall not Assign its rights or obligations, or any part thereof, under this Agreement without the prior written consent of QR Network, which consent may not be unreasonably withheld.
Assignment by the Operator. 13.1.1 With the modifications in clauses 13.1.5, 13.1.6 and 13.1.7, the Operator shall not be entitled to assign or transfer any obligations or rights under the Contract to any other party without the prior written approval of the DEA. The DEA’s approval shall not be unreasonably withheld.
Assignment by the Operator. Save and except for the purpose of financing its obligations under this Contract, the Operator will not, without the prior consent of the Authority, assign, mortgage or charge to any Third Party, this Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder.
Assignment by the Operator. (a) The Operator may Assign the whole of its rights and obligations under the Access Agreement with the prior consent of Queensland Rail, which will not be unreasonably withheld, provided that the Operator:
Assignment by the Operator. The Operator shall have the right to assign this Agreement, provided that the Owner gives its prior written consent to such assignment, such consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Operator shall be permitted to assign its right to receive payment of the Operator's Fixed Fee hereunder without obtaining the consent of the Owner.
Assignment by the Operator. 13.1.1 With the modifications in clauses 13.1.3, 13.1.413.1.5, 13.1.513.1.6 and 13.1.613.1.7, the Operator shall not be entitled to assign, novate or otherwise transfer (in Danish: “enhver form for overdragelse”) any obligations or rights under the Contract to any other party without the prior writ- ten approval of the DEA. The DEA’s approval shall not be unreasonably withheld. Approval will only be granted where such assignment transfer can take place without the risk of breach of the public procurement rules and where no material circumstances otherwise prevent such assign- menttransfer.
Assignment by the Operator. 17.1.1 With the modifications in clauses 17.1.3, 17.2 and Fejl! Henvisningskilde ikke fundet., the Oper- ator shall not be entitled to assign, novate or otherwise transfer (in Danish: “enhver form for over- dragelse”) any obligations or rights under the Contract to any other party without the prior written approval of the DEA. The DEA’s approval shall not be unreasonably withheld. Approval will only be granted where such transfer can take place without the risk of breach of the principles of the public procurement rules and where no material circumstances otherwise prevent such transfer.
