Assignments by Seller. The Seller may at any time sell, assign, novate or transfer its rights and obligations under this Agreement to any person, provided such sale, assignment or transfer be notified to Buyer and shall not have a material adverse effect on any of Buyer’s rights and obligations under this Agreement.
Assignments by Seller. Seller may pledge or assign the Facility, this Agreement or the revenues under this Agreement to any Lender as security for the project financing or tax equity financing of the Facility; provided, however, that the Facility shall remain at all times located at the original site.
Assignments by Seller. 11.3.1. Seller may make a request to Buyer for the transfer or assignment of Seller’s rights and obligations under the Agreement to the “Transferee”. Such request must name the Transferee, provide the relationship between Seller and Transferee (if any), and must provide all necessary documentation to show that Transferee meets all conditions specific to a Seller under this Agreement. Buyer may request additional information from Seller and Xxxxx will have thirty (30) calendar days to provide consent or to notify Seller that Xxxxx rejects the assignment or transfer.
11.3.2. In its notice to Buyer, Seller may state that the assignment or transfer is for purposes of pledging or assigning this Agreement or the revenues under this Agreement to a lender as security for the project financing or tax equity financing of the System. In such cases, Buyer will have ten (10) calendar days to provide consent and such consent shall not be unreasonably withheld.
11.3.3. Seller will be required to effect any necessary assignment or transfer in the event of bankruptcy or dissolution.
Assignments by Seller. Buyer hereby acknowledges that Seller shall have the right, without Buyer’s consent, to create a security interest or hypothec with respect to this Agreement or to assign or transfer this Agreement or any of its rights under this Agreement to any financial institution or to a wholly owned subsidiary or affiliate of Seller; provided, that Seller’s assignment to a financial institution or creation of a security interest or hypothec shall be solely for the purpose of securing financing, Seller shall remain jointly and severally liable for the fulfillment of all of the obligations under this Agreement; and provided further that any such assignment or creation of a security interest or hypothec shall not increase Buyer’s obligations or liabilities under this Agreement.
Assignments by Seller. Notwithstanding any provision of this Agreement to the contrary, Seller may assign or transfer its rights under this Agreement to a qualified intermediary as may be required for an Exchange under Section 14.25 hereof, without Purchaser’s prior written consent, provided that Seller shall not be relieved of any obligations or liabilities under this Agreement as a result of such transfer.
Assignments by Seller. 11.3.1. Seller may make a request to Buyer for the transfer or assignment of Seller’s rights and obligations under the Agreement to the “Transferee”. Such request may be made no earlier than thirty (30) calendar days after the Effective Date of the Agreement. Such request must name the Transferee, provide the relationship between Seller and Transferee (if any), and must provide all necessary documentation to show that Transferee meets all conditions specific to a Seller under this Agreement. Necessary documentation may also include an updated Cover Sheet and updated Appendix 1.1-Appendix 1.5, if applicable. Buyer may request additional information from Seller, and Xxxxx will have thirty (30) calendar days to provide consent or to notify Seller that Xxxxx rejects the assignment or transfer.
11.3.2. In its notice to Buyer, Seller may state that the assignment or transfer is for purposes of pledging or assigning the revenues under this Agreement to a lender or other financing party as security for the project financing or tax equity financing of the System, or to an affiliate of Seller. In such cases, consent shall be deemed automatic if Seller remains the counterparty to the Agreement.
11.3.3. Seller will be required to effect any necessary assignment or transfer in the event of bankruptcy or dissolution.
Assignments by Seller. 11.3.1. Seller may make a request to Buyer for the transfer or assignment of Seller’s rights and obligations under the Agreement to the “Transferee”. Such request must name the Transferee, provide the relationship between Seller and Transferee (if any), and must provide all necessary documentation to show that Transferee meets all conditions specific to a Seller under this Agreement. Buyer may request additional information from Seller and Xxxxx will have thirty (30) calendar days to provide consent or to notify Seller that Xxxxx rejects the assignment or transfer.
11.3.2. InNotwithstanding the provisions of 11.3.1 above, in its notice to Buyer, Seller may state that the assignment or transfer is for purposes of pledging or assigning this Agreement or the revenues under this Agreement to a lender as security for the project financing or tax equity financing of the System. In such cases, Buyer will have ten (10) calendar days to provide consent and such consent shall not be unreasonably withheld [DELETE] Seller’s consent shall not be required.
11.3.3. Seller will be required to effect any necessary assignment or transfer in the event of bankruptcy or dissolution.
Assignments by Seller. Seller shall at all times have the right to sell, assign, encumber, transfer or grant equal or subordinate rights and interests (including co-leases, separate leases, subleases, licenses or similar rights (however denominated)) in, the Leasehold Estate and/or any or all right or interest in this Agreement, or any or all right or interest of Purchaser in the Property or in any or all of the Power Facilities that Seller may now or hereafter install on the Property, to one or more persons (an “Assignee”), in each case without Purchaser’s consent; provided, however, that any and all such transfers and transferees shall be subject to all of the terms, covenants and conditions of this Agreement. Seller shall notify Purchaser in writing of any such sale, assignment, transfer or grant. Upon Seller’s assignment of its entire interest hereunder as to all or any portion of the Property, or as may otherwise be provided in the applicable sale, assignment, transfer or grant document, Purchaser shall recognize the Assignee as Seller’s proper successor, the Assignee shall have all of the assigned rights, benefits and obligations of Seller under and pursuant to this Agreement, and Seller shall be relieved of all of its obligations relating to the assigned interests under this Agreement that relate to acts or omissions that occur or accrue following the effective date of such sale, assignment, transfer or grant.
Assignments by Seller. Seller may make a request to Buyer for the transfer or assignment of Seller’s rights and obligations under the Agreement to the “Transferee”. Such request must name the Transferee, provide the relationship between Seller and Transferee (if any), and must provide all necessary documentation to show that Transferee meets all conditions specific to a Seller under this Agreement. Necessary documentation may also include an updated Cover Sheet and updated Appendix 1.1-Appendix 1.5, if applicable. Buyer may request additional information from Seller, and Xxxxx will have thirty (30) calendar days to provide consent or to notify Seller that Xxxxx rejects the assignment or transfer. In its notice to Buyer, Seller may state that the assignment or transfer is for purposes of pledging or assigning the revenues under this Agreement to a lender or other financing party as security for the project financing or tax equity financing of the System, or to an affiliate of Seller. In such cases, consent shall be deemed automatic if Seller remains the counterparty to the Agreement. Seller will be required to effect any necessary assignment or transfer in the event of bankruptcy or dissolution.
Assignments by Seller. Seller may not assign the License Agreement (in whole or in part) without the prior written consent of the Required Royalty Party (such consent not to be unreasonably withheld or delayed); provided, that no such consent shall be required in connection with (i) any assignment, sale or transfer (in whole or in part) of Seller’s right, title and interest in and to the Excluded Assets (including the Retained Receivables) or the delegation of any of Seller’s duties with respect to the Excluded Assets (including the Retained Receivables), (ii) any assignment, sale or transfer of Seller’s right, title and interest in and to all or substantially all of the assets of Seller related to, or necessary to perform Seller’s obligations in respect of, the License Agreement and (iii) any assignment to an Affiliate, in which case Seller shall remain responsible for the performance of this Agreement by such Affiliate.
