Common use of Assignment with Change of Control Clause in Contracts

Assignment with Change of Control. Seller may, upon written notice and delivery to NYSERDA of a letter of assignment substantially in the form of Exhibit G and duly executed by Seller and the assignee entity, assign its rights and obligations hereunder, or transfer such rights and obligations by operation of law, to any entity (a) with which or into which such Seller merges or consolidates; (b) which acquires greater than fifty percent (50%) of Seller’s equity interests or actual control of Seller; or (c) to which Seller transfers all or substantially all of its assets; in each case provided that such other entity agrees to be bound by the terms hereof; and provided further, that such other entity’s creditworthiness is comparable to or superior to that of Seller at the time this Agreement was executed and such Party is not relieved of any obligation or liability hereunder as a result of such assignment.