Common use of Assignment, Selling and Leasing Clause in Contracts

Assignment, Selling and Leasing. The Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider (during any Credit Facility Period), the Administrative Agent (during any Bank Rate Period) or the Trustee (during any period other than a Credit Facility Period or a Bank Rate Period); provided, further, that no such sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such sale or lease shall relieve the Company or ITT Holdings LLC of any of their respective obligations under this Agreement unless such obligations shall have been legally and validly assumed by the acquiring party.

Appears in 4 contracts

Samples: Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Macquarie Infrastructure Corp)

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Assignment, Selling and Leasing. The This Agreement may be assigned and the Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider (during any Credit Facility Period), the Administrative Agent (during any Bank Rate Period) or the Trustee (during any period other than a Credit Facility Period or a Bank Rate Period); provided, further, that no such sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such sale or lease shall relieve the Company or ITT Holdings LLC of any of their respective obligations under this Agreement unless such obligations shall have been legally and validly assumed by the acquiring party.

Appears in 1 contract

Samples: Lease Agreement (Macquarie Infrastructure Corp)

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