Common use of Assignment, Selling and Leasing Clause in Contracts

Assignment, Selling and Leasing. To the extent permitted by Section 6.15 hereof, this Agreement may be assigned and the Prior Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider, but, so long as a Credit Facility is in place and no default has occurred and is continuing thereunder, without the necessity of obtaining the consent of either the Issuer or the Trustee; provided, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, a copy of which will be provided to the Authority and the Trustee prior to such lease or sale, 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 assignment, sale or lease shall relieve the Company of any of its obligations under this Agreement nor shall such assignment or sale of the Prior Project as a whole become effective until such assignee or purchaser agrees to be bound by the terms of this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc)

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Assignment, Selling and Leasing. To the extent permitted by Section 6.15 hereof, this Agreement may be assigned and the Prior Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider, but, so long as a Credit Facility is in place and no default has occurred and is continuing thereunder, without the necessity of obtaining the consent of either the Issuer or the Trustee; provided, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, a copy of which will be provided to the Authority Issuer and the Trustee prior to such lease or sale, 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 assignment, sale or lease shall relieve the Company of any of its obligations under this Agreement nor shall such assignment or sale of the Prior Project as a whole become effective until such assignee or purchaser agrees to be bound by the terms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

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Assignment, Selling and Leasing. To the extent permitted by Section 6.15 hereof, this Agreement may be assigned and the Prior Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider, but, so long as a Credit Facility is in place and no default has occurred and is continuing thereunder, without the necessity of obtaining the consent of either the Issuer or the Trustee; provided, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, a copy of which will be provided to the Authority and the Trustee prior to such lease or sale, 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 assignment, sale or lease shall relieve the Company of any of its obligations under this Agreement nor shall such assignment or sale of the Prior Project as a whole become effective until such assignee or purchaser agrees to be bound by the terms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

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