Common use of Factors Authority May Consider Clause in Contracts

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c)(2), 16.2(a) or 16.2(c)(2), and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy taking into account the nature of its obligations; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c)(216.1(c), 16.2(a16.3(b) or 16.2(c)(2), 16.3(c) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity, taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b16.1(c) or 16.2(d), 16.1(c)(2)the Authority may consider any factors that are relevant to the determination and, 16.2(a) or 16.2(c)(2), and without limiting the Authority’s discretion thereundergenerality of the foregoing, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity taking into account the nature of its obligationsthe obligations under this Project Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. ‌ In determining whether to provide its consent under Section 16.1(b16.1(c), 16.1(c)(216.1(c), 16.2(a16.2(c) or 16.2(c)(2), 16.2(c) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity, taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c)(2), 16.2(a) or 16.2(c)(216.2(d)(2), and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy taking into account the nature of its obligations; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b16.1(c), 16.1(c)(216.1(d), 16.2(a16.2(c) or 16.2(c)(2), 16.2(d) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b16.1(c), 16.1(c)(216.1(c), 16.2(a16.2(c) or 16.2(c)(2), 16.2(c) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity, taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c)(216.1(c), 16.2(a16.3(b) or 16.2(c)(2), 16.3(c) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity, taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b16.1(c), 16.1(c)(2), 16.2(a16.1(c) or 16.2(c)(2), 16.2(c) and without limiting the Authority’s discretion thereunder, it will be reasonable for the Authority to refuse its consent if: (a) the proposed assignee or the new party in control of Project Co, as the case may be, or any of their Affiliates, is a Restricted Person; (b) the proposed assignee or the new party in control of Project Co, as the case may be, is, in the reasonable opinion of the Authority, not sufficiently creditworthy or having sufficient financial capacity, taking into account the nature of its obligationsthe obligations under this Agreement; or (c) the assignment or Change in Control could, in the reasonable opinion of the Authority, have a material adverse effect on the Authority or the Project.