Common use of Change of Control over Seller Clause in Contracts

Change of Control over Seller. Buyer’s consent shall be required for any “Change of Control” (as defined below) over Seller. Buyer’s consent shall be deemed provided within forty-five (45) days of Buyer’s receipt of the Seller’s notice of its intent to Change Control unless Buyer notifies Seller in writing, within thirty (30) days of receipt of Seller’s written notice of intent to make a Change of Control, that Buyer has reasonably determined that such a Change of Control will have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement and that Buyer does not consent to such Change of Control. If Buyer does not consent to a Change of Control requested by Seller resulting from a bona-fide, good faith transaction entered into by Seller for a Change of Control within such forty-five day period, Seller may terminate this Agreement upon sixty (60) days’ notice to Buyer. For the purposes of this Section 11.3, “Change of Control” shall mean either (a) change in ownership of more than fifty percent (50%) of the equity interest of Seller in the Facility, either directly or indirectly, or (b) a change of control in fact of Seller.

Change of Control over Seller. Buyer’s consent shall be required for any “Change of Control” (as defined below) over Seller. Buyer’s consent shall be deemed provided within forty-five (45) days of BuyerXxxxx’s receipt of the Seller’s notice of its intent to Change Control unless Buyer notifies Seller in writing, within thirty (30) days of receipt of Seller’s written notice of intent to make a Change of Control, that Buyer has reasonably determined that such a Change of Control will have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement and that Buyer does not consent to such Change of Control. If Buyer does not consent to a Change of Control requested by Seller resulting from a bona-fide, good faith transaction entered into by Seller for a Change of Control within such forty-five day period, Seller may terminate this Agreement upon sixty (60) days’ notice to Buyer. For the purposes of this Section 11.3, “Change of Control” shall mean either (a) change in ownership of more than fifty percent (50%) of the equity interest of Seller in the Facility, either directly or indirectly, or (b) a change of control in fact of Seller.Seller.‌

Change of Control over Seller. Buyer’s consent shall be required for any “Change of Control” (as defined below) over Seller. Buyer’s consent shall be deemed provided within forty-five (45) days of BuyerXxxxx’s receipt of the Seller’s notice of its intent to Change Control unless Buyer notifies Seller in writing, within thirty (30) days of receipt of Seller’s written notice of intent to make a Change of Control, that Buyer has reasonably determined that such a Change of Control will have a material adverse effect on Seller’s creditworthiness or Seller’s ability to perform its obligations under this Agreement and that Buyer does not consent to such Change of Control. If Buyer does not consent to a Change of Control requested by Seller resulting from a bona-fide, good faith transaction entered into by Seller for a Change of Control within such forty-five day period, Seller may terminate this Agreement upon sixty (60) days’ notice to Buyer. For the purposes of this Section 11.3, “Change of Control” shall mean either (a) change in ownership of more than fifty percent (50%) of the equity interest of Seller in the Facility, either directly or indirectly, or (b) a change of control in fact of Seller.