Common use of Change in Control over Seller Clause in Contracts

Change in Control over Seller. Buyer’s consent shall be required for any change in Control over Seller, which consent shall not be unreasonably withheld, conditioned or delayed and shall be provided if Buyer reasonably determines that such change in Control does not have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement; provided, however, the Parties agree that Buyer’s consent shall not be required in connection with the following: (i) any Tax Equity Transaction or any exercise of removal rights by a Tax Equity Investor in connection with a Tax Equity Transaction resulting in such Tax Equity Investor having Control over Seller; (ii) any assignment of all or a portion of the equity interests in Seller or in any Affiliate of Seller to any Lender as security for any Financing of the Facility, and any foreclosure on such equity interests in connection with such Financing;

Change in Control over Seller. Buyer’s consent shall be required for any change in Control over Seller, which consent shall not be unreasonably withheld, conditioned or delayed and shall be provided if Buyer reasonably determines that such change in Control does not have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement; provided, however, the Parties agree that Buyer’s consent shall not be required in connection with the following: (i) any Tax Equity Transaction or any exercise of removal rights by a Tax Equity Investor in connection with a Tax Equity Transaction resulting in such Tax Equity Investor having Control over Seller; (ii) any assignment of all or a portion of the equity interests in Seller or in any Affiliate of Seller to any Lender as security for any Financing of the Facility, and any foreclosure on such equity interests in connection with such Financing;Financing;‌

Change in Control over Seller. Buyer’s consent shall be required for any change in Control over Seller, which consent shall not be unreasonably withheld, conditioned or delayed and shall be provided if Buyer reasonably determines that such change in Control does not have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement; provided, ; however, the Parties agree that Buyer’s consent shall not be required in connection with the following: (i) any Tax Equity Transaction or any exercise of removal rights by a Tax Equity Investor in connection with a Tax Equity Transaction resulting in such Tax Equity Investor having Control control over Seller; (ii) any assignment of all or a portion of the equity interests in Seller or in any Affiliate of Seller to any Lender as security for any Financing of the Facility, and any foreclosure on such equity interests in connection with such Financing;