Assignment by Xxxxxxxx. The Borrower may not assign its rights under this Agreement without the prior written consent of the Department, which consent shall not be unreasonably withheld. If the Borrower desires to assign its rights under this Agreement to another “Person” (as defined in the Federal Safe Drinking Water Act), the Borrower shall give notice of such fact to the Department. If the Department consents to the proposed assignment, the Borrower may proceed with the proposed assignment, but such assignment shall not become effective until the Department is furnished: (i) an assumption agreement in form and substance satisfactory to the Department by which the assignee agrees to assume all of the Borrower’s obligations under this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifications, that the assumption agreement and this Agreement constitute legal, valid and binding obligations of the assignee enforceable against the assignee in accordance with their terms and that the assignment and assumption comply in all respects with the provisions of this Agreement. Notwithstanding the foregoing, the assignment of the rights of the Borrower under this Agreement or the assumption of the obligations thereunder by the assignee shall in no way be construed as releasing the Borrower’s obligations unless specifically agreed to by the Department.
Assignment by Xxxxxxxx. The Borrower will not assign or otherwise transfer the benefit of this Agreement or any of its rights, duties or obligations under this Agreement except to a substitute Trustee which is appointed as a successor trustee of the PUMA Trust under and in accordance with the Trust Deed and which is acceptable to the Redraw Facility Provider and the Manager (each of whose consent is not to be unreasonably withheld).
Assignment by Xxxxxxxx. Sunwater may assign its rights and obligations under this Agreement (so that that person provides the services to you) to any person provided such person:
(a) is or becomes the holder of the Resource Operations Licence or a new licence issued in lieu; and
(b) such person enters into a covenant in favour of you to be bound by the provisions of this
Assignment by Xxxxxxxx. XxXxxxxx shall not directly or indirectly, in whole or in part, delegate its duties or assign its rights under this Agreement without the prior written consent of Company, which consent shall not be unreasonably withheld or delayed; provided, however, any duties or rights of XxXxxxxx under this Agreement may be assigned to, and assumed by, any person or entity controlled by, controlling or under common control with XxXxxxxx or any successor to all or substantially all of the business or assets of XxXxxxxx, except a Competitor of Company (as defined in Section 8.04), without the consent of Company.
Assignment by Xxxxxxxx. The Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Documents.
Assignment by Xxxxxxxx. The Borrower may not assign or transfer any of its rights or obligations under any Credit Document without prior written consent of each of the Lenders.
Assignment by Xxxxxxxx. (a) Attacher shall not assign or transfer the rights, interests, or privileges contained in this Agreement to any firm, corporation, or individual, voluntarily or involuntarily, without the prior consent in writing of Pole Owner. Such consent shall not be unreasonably withheld by Pole Owner.
(b) Pole Owner may condition such consent upon the assignee’s or transferee’s agreement to reasonable additional or modified terms or conditions. Notwithstanding the foregoing, Attacher may assign, transfer or sublet its rights and obligations under this Agreement upon Notice of at least thirty (30) days to Pole Owner but without consent to (i) any entity which directly or indirectly controls, is controlled by or is under common control with Attacher or (ii) any entity acquiring all or substantially all of Attacher’s assets or equity; provided, however, that prior to the effective date of any such assignment or transfer, the assignee or transferee shall provide to Pole Owner: (a) a certificate evidencing that the assignee or transferee has in place the types of and amounts of insurance coverages required by this Agreement; (b) a bond or other security instrument, issued for and on behalf of the assignee or transferee satisfying the requirements of this Agreement,; and (c) payment in full of all debts or outstanding amounts payable to Pole Owner by Attacher under the terms of this Agreement.
(c) The assignment or transfer by Attacher of such privileges without written consent of Pole Owner shall constitute a Material Breach of Attacher’s obligations and, notwithstanding any other provisions of this Agreement, Pole Owner may at its option forthwith terminate this Agreement or any Permit issued hereunder.
(d) Pole Owner may assign or otherwise transfer this Agreement or any of its rights and interests to any firm, corporation, or individual, without the prior consent of Attacher.
Assignment by Xxxxxxxx. Borrower may not assign or otherwise transfer its rights under the Loan Documents or delegate its obligations under the Loan Documents without the prior written consent of Bondowner Representative. A breach of this clause, directly or indirectly, will constitute an Event of Default and will not vest any rights in the purported transferee.
Assignment by Xxxxxxxx. In the event of the sale by the Landlord of the Premises or the assignment by the Landlord of this Lease or any interest of the Landlord hereunder, and to the extent that such purchaser or assignee has assumed the covenants and obligations of the Landlord hereunder, the Landlord shall, without further written agreement, be freed and relieved of liability upon such covenants and obligations. The Landlord shall provide thirty (30) days’ written notice of such assignment.
Assignment by Xxxxxxxx. Landlord may assign its rights under this Lease in connection with any sale or conveyance of all or any portion of its interest in the Leased Premises. In the event of a sale or conveyance of the Landlord’s interest in the Leased Premises, from and after the date of such transfer, the obligations and duties of the Tenant, excluding such obligations or duties that occurred prior to the assignment, shall be owed to the new landlord and Tenant shall attorn to the purchaser and recognize such purchaser as Landlord under this Lease.
