Common use of Assignment of Agreement; or Leasing of Facilities Clause in Contracts

Assignment of Agreement; or Leasing of Facilities. (a) This Agreement may be assigned by the Company with the prior written consent of the Credit Provider, but only if: (i) the assignee shall assume in writing, satisfactory to the Credit Provider, all obligations and covenants of the Company hereunder in respect of the interest assigned and shall deliver such assumption, and such other documents or certificates as the Issuer and Bond Counsel shall deem reasonably necessary, to the Trustee; and (ii) the Company shall furnish the Trustee, an opinion of Bond Counsel to the effect that the assignment shall not result in interest on the Series 2000 Bonds becoming included in the gross income of the Holders for federal income tax purposes. Upon such assignment, the Company shall, with the prior written consent of the Credit Provider, be released from all obligations thereafter to be performed or to become due under this Agreement. Notwithstanding anything in this Section 8.1(a) to the contrary, this Agreement may initially be collaterally assigned by the Company to U.S. Bancorp Ag Credit, Inc. and, upon the issuance of a Substitute Credit by a Credit Provider other than the Bank, to such Credit Provider or its designee.

Assignment of Agreement; or Leasing of Facilities. (a) This Agreement may be assigned by the Company with the prior written consent of the Credit Provider, but only if: (i) the assignee shall assume in writing, satisfactory to the Credit Provider, all obligations and covenants covenants, of the Company hereunder in respect of the interest assigned and shall deliver such assumption, and such other documents or certificates as the Issuer and Bond Counsel shall deem reasonably necessary, to the Trustee; and (ii) the Company shall furnish the Trustee, an opinion of Bond Counsel to the effect that the assignment shall not result in interest on the Series 2000 2002 Bonds becoming included in the gross income of the Holders for federal income tax purposes. Upon such assignment, the Company shall, with the prior written consent of the Credit Provider, be released from all obligations thereafter to be performed or to become due under this Agreement. Notwithstanding anything in this Section 8.1(a) to the contrary, this Agreement may initially be collaterally assigned by the Company to U.S. Bancorp Ag Credit, Inc. the Bank and, upon the issuance of a Substitute Credit by a Credit Provider other than the Bank, to such Credit Provider or its designee.

Assignment of Agreement; or Leasing of Facilities. (a) This Agreement may be assigned by the Company with the prior written consent of the Credit Provider, but only if: (i) the assignee shall assume in writing, satisfactory to the Credit Provider, all obligations and covenants of the Company hereunder in respect of the interest assigned and shall deliver such assumption, and such other documents or certificates as the Issuer and Bond Counsel shall deem reasonably necessary, to the Trustee; and (ii) the Company shall furnish the Trustee, an opinion of Bond Counsel to the effect that the assignment shall not result in interest on the Series 2000 1999 Bonds becoming included in the gross income of the Holders for federal income tax purposes. Upon such assignment, the Company shall, with the prior written consent of the Credit Provider, be released from all obligations thereafter to be performed or to become due under this Agreement. Notwithstanding anything in this Section 8.1(a) to the contrary, this Agreement may initially be collaterally assigned by the Company to U.S. Bancorp Ag Credit, Inc. and, upon the issuance of a Substitute Credit by a Credit Provider other than the Bank, to such Credit Provider or its designee.

Assignment of Agreement; or Leasing of Facilities. (a) This Agreement may be assigned by the Company with the prior written consent of the Credit Provider, but only if: (i) the assignee shall assume in writing, satisfactory to the Credit Provider, all obligations and covenants of the Company hereunder in respect of the interest assigned and shall deliver such assumption, and such other documents or certificates as the Issuer and Bond Counsel shall deem reasonably necessary, to the Trustee; and (ii) the Company shall furnish the Trustee, an opinion of Bond Counsel to the effect that the assignment shall not result in interest on the Series 2000 1999 Bonds becoming included in the gross income of the Holders for federal income tax purposes. Upon such assignment, the Company shall, with the prior written consent of the Credit Provider, be released from all obligations thereafter to be performed or to become due under this Agreement. Notwithstanding anything in this Section 8.1(a) to the contrary, this Agreement may initially be collaterally assigned by the Company to U.S. Bancorp Ag Credit, Inc. and, upon the issuance of a Substitute Credit by a Credit Provider other than the Bank, to such Credit Provider or its designee.Inc.