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),16.1(d)(2), 16.2(a), 16.2(c) or 16.2(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, less creditworthy than the assignor; 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.

Appears in 1 contract

Samples: Project Agreement

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Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c),16.1(d)(2), 16.2(a), 16.2(c16.1(c)(2) or 16.2(d)(216.2(f)(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, less creditworthy than the assignor; 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.

Appears in 1 contract

Samples: Project Agreement

Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c),16.1(d)(2), 16.2(a), 16.2(c16.1(c) or 16.2(d)(216.2(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, less not sufficiently creditworthy than taking into account the assignornature of the 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.

Appears in 1 contract

Samples: Project Agreement

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Factors Authority May Consider. In determining whether to provide its consent under Section 16.1(b), 16.1(c),16.1(d)(2), 16.2(a), 16.2(c16.1(c) or 16.2(d)(216.2(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, less not sufficiently creditworthy than taking into account the assignornature of the 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.

Appears in 1 contract

Samples: Project Agreement

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