Assignment for Financing. Without requiring further consent from the Landowner, the Lessee shall have the right to mortgage and encumber Lessee’s leasehold interest in the Property and/or the Geothermal Resources leased hereby and to assign Lessee’s right, title and interest in this Agreement as collateral security to one or more Lenders for Financing purposes. Any Lender’s Lien and all rights acquired by any Lender under this Section are subject to every covenant, condition, and restriction set forth in this Agreement and to all rights and interests of Landowner. No right or interest of Landowner is waived by reason of the right granted to Lessee under this section, except as expressly provided otherwise. Lessee shall provide prior written notice to Landowner of all assignments, mortgages or encumbrances of any kind created pursuant to this provision.
Assignment for Financing. Notwithstanding anything to the contrary herein, the Developer shall have the right, without obtaining the Agency’s or the City’s consent, to assign its rights and interest in this Agreement to one or more lenders, as collateral for one or more loans or other arrangements for the financing of any improvements to be made by thea Developer or a TRS to the Site. The City and the Agency shall cooperate in the Developer’s activities to obtain financing for the development of the Site and comply with any commercially reasonable requests for notices, consents and other documentation and information as may be reasonably required by any lenders or investors. Without limiting the generality of the foregoing, the Agency and the City shall, upon the written request of the Developer, promptly execute and deliver to lenders or investors designated by the Developer estoppel certificates, confirming the enforceability of this Agreement, confirming the status of the Developer’s performance hereunder (i.e., that there are no defaults, or detailing the nature of any defaults hereunder) and including such other information as the Developer or such lender or investor may reasonably require.
Assignment for Financing. No Party shall assign this Agreement or its rights hereunder unless it also assigns the PPA and its rights thereunder to the same assignee. Neither Party shall assign this Agreement or its rights hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided, however, (a) except as may be precluded by, or would cause Buyer to be in violation of the Political Reform Act, (Cal. Gov. Code section 81000 et seq,) or the regulations thereto, Cal. Government Code section 1090, Buyer’s Conflict of Interest Code/Policy or any other conflict of interest law, Seller may, without the prior written consent of Buyer, transfer or assign this Agreement to an Affiliate of Seller, and (b) Seller shall have the right at any time and from time to time to create or provide for a security interest in, or convey in trust its respective rights, titles and interests in this Agreement to a lender, mortgagee, or trustee under deeds of trust, mortgages or indentures, or to secured parties under a security agreement as security for its present or future bonds or other obligations or securities, or to any lender(s), lessor(s) or tax equity investor(s) and other parties providing any financing or refinancing and any successor(s) or assigns thereto (“Secured Party”) with respect to any Unit described in Appendix B to the Confirmation, without the consent of Buyer, and without such Secured Party assuming or becoming in any respect APPENDIX A DEFINED TERMS
Assignment for Financing. Each Company may, for purposes of securing financing from the Financing Parties, without the requirement of consent from RES but upon prior notice to RES, collaterally assign or create security over all of its assets, including its rights and interests under or pursuant to this Agreement, as security for that Company's obligations to the Financing Parties.
Assignment for Financing. Seller may, without consent of Buyer, assign this Agreement as security in connection with any Financing.
Assignment for Financing. Tenant further consents to an assignment of the City’s interest in this Lease to the City’s lender as required under such financing.
