Franchise Transfer Sample Clauses

Franchise Transfer. The Franchise granted hereunder shall not be assigned, other than by operation of law or to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the Grantor, such consent not to be unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the Grantor shall notify the Grantee in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the Grantor has not taken action on the Grantee’s request for transfer within one hundred twenty (120) days after receiving such request, consent by the Grantor shall be deemed given.

Franchise Transfer. Neither Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Grantee. Within thirty (30) days of receiving a request for consent, the City shall, in accordance with FCC rules and regulations, notify Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the City has not taken action on ▇▇▇▇▇▇▇'s request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed given.

Franchise Transfer. Promptly following the date of this Agreement, Seller shall notify Franchisor of the sale contemplated by this Agreement. Seller shall use its best efforts to ascertain, and provide written notice thereof to Buyer prior to the Feasibility Expiration Date, the specific requirements (including the PIP) of Franchisor to obtaining its consent to the sale contemplated hereby and allowing the Franchise Agreement to be

Franchise Transfer. Subject to Section 617 of the Cable Act (47 U.S.C. Section 537), no transfer of the Franchise or change in control of Grantee will occur without the prior written consent of Grantor, provided that such consent will not be unreasonably withheld. No such consent will be required, however, for a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, interest of Grantee in the Franchise or Cable System in order to secure indebtedness, and no such consent will be required for a change in control or transfer of an ownership interest or other interest in Grantee to the parent of Grantee or transfer of an interest in the Franchise to the parent of Grantee, or any action which is the result of a merger of the parent of Grantee or any action which is the result of a merger of another Affiliate of Grantee. Grantee will provide written notice to Grantor of any transaction as described in this paragraph within sixty (60) days of such transaction. If the Grantee wishes to transfer this Franchise, the Grantee and Grantor will proceed pursuant to Section 617 of the Cable Act and related rule makings of the FCC. Grantee will give Grantor written notice of the proposed transfer and will request consent of the transfer by the Grantor. Grantee will furnish all information required by law and/or reasonably requested by Grantor, at no cost to Grantor, with respect to the consideration of the transfer. For the purpose of determining whether it will consent to such transfer, Grantor may inquire into the legal, financial and technical qualifications of the prospective transferee to perform the obligations of the Grantee under this Franchise. The Grantee will assist Grantor in any such inquiry. In cases where the Grantor finds it inappropriate to give unconditional consent to the proposed transfer, the Grantor may condition its consent upon terms and conditions related to the legal, financial, and technical qualifications of the proposed transferee and to the resolution of outstanding and unresolved issues of ▇▇▇▇▇▇▇’s noncompliance with material terms and conditions of this Franchise. Grantee reserves the right to challenge ▇▇▇▇▇▇▇’s conditional consent as outside the scope of its authority under this Franchise or federal law. Any transfer of ownership affected without the written consent of the Grantor will render this Franchise subject to revocation, provided that any such consent will not be unreasonably withheld. The Grantor will have one h...

Franchise Transfer. No sale or transfer of this Franchise Agreement or sale or transfer of stock so as to create a new controlling interest under Minn. Stat. §238.083, shall take place without the written approval of the Franchising Authority, which approval shall not be unreasonably withheld. The Grantee’s right, title, or interest in the Franchise Agreement shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with the Grantee, without prior written notice to the Franchising Authority. No such notice shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise Agreement or Cable System in order to secure indebtedness. Pursuant to Minn. Stat. §238.084, Subd. 1(y), if the Franchise Agreement is transferred or sold by Grantee, the Franchising Authority shall have the right to purchase the Cable System. City shall be deemed to have waived its right to purchase the System under this section in the following circumstances: (i) If it does not indicate to Grantee in writing, within thirty

Franchise Transfer. The rights of the Franchisee in regard to the transferability of its Franchise shall be as set forth below: (1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Franchisee, either by act of the Franchisee or by operation of law, without the prior written consent of the City. Any attempt by Franchisee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement. (2) This Franchise Agreement shall terminate on any Change in Ownership of Franchisee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership. (3) The City shall review a request by Franchisee that the City approve a transfer of all or part of Franchisee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Franchisee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Franchisee. If the Franchisee requests that the City consider and consent to a transfer or a Change in Ownership of Franchisee, the Franchisee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements: i. The Franchisee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership. ii. The Franchisee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years. iii. The Franchisee shall furnish the City with proof satisfactory to City, in its sole ...

Franchise Transfer. No sale or transfer of the franchise or sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes section 238.083 shall occur without the approval of the City, conditioned that the sale or transfer is completed consistent with Minnesota Statues section 238.083. Said approval shall not be required where the Grantee grants a security interest in its Franchise and assets to secure an indebtedness. The City shall have thirty (30) days from the receipt of the request and all applicable exhibits to reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on the Grantee’s Subscribers resulting from the sale or transfer. If a public hearing is deemed necessary, such hearing shall be commenced within sixty (60) days of such determination and notice of any such hearing shall be given in accordance with local law or fourteen (14) days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the City. The notice shall contain the date, time, and place of the hearing and shall briefly state the substance of the action to be considered by the City. Within one hundred twenty (120) days of receipt of transfer request, unless the Grantee agrees to an extension of time, the City shall approve or deny in writing the sale or transfer request. The City shall set forth in writing with particularity its reason(s) for denying approval. The City shall not unreasonably withhold its approval. The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. In no event shall a transfer or assignment of ownership be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. If allowed under state and federal law, Grantee shall pay all of the City's reasonable costs in reviewing and acting upon a transfer application. If the Cable Communications System is offered for sale, the parties shall comply with any lawful requirements of applicable law regarding the City’s right to purchase the Cable System. The City shall have the right of first refusal of any bona fide offer to purchase the System.

Franchise Transfer. The Franchise granted hereunder shall not be assigned without prior consent of the City, such consent not to be unreasonably withheld or delayed. No such consent by the City shall be required, however, for a transfer of trust, by mortgagee, or by other hypothecation, or by assignment of any rights, title, or interest of the Franchisee in the Franchise, to secure an indebtedness or for a transfer to an entity controlling, controlled by, or under common control with the Franchisee. With thirty (30) days of receiving a request of transfer, the City shall notify the Franchisee in writing of any additional information it reasonable requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Franchisee’s request for transfer within one hundred twenty (120) days after receiving the request, consent by the City shall be deemed given.

Franchise Transfer. Subject to Section 617 of the Cable Act (47 U.S.C. Section 537), no transfer of the Franchise or change in control of Grantee shall occur without the prior written consent of Grantor, provided that such consent shall not be unreasonably withheld or delayed. No transfer of control will be deemed to have taken place if the transfer is to an entity owned or controlled by Grantee including affiliates under common control with Grantee. Grantee shall provide Grantor with at least sixty (60) days’ notice prior to any sale or transfer. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the Grantor shall notify the Grantee in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. All successor affiliates, assignees or transferees shall be subject to the same terms, conditions and performances of this Franchise for the remainder of its term. Grantor may condition its consent upon terms and conditions relating to the legal, financial and technical qualifications of the proposed transferee. Any transfer of ownership effected without the written consent of the Grantor shall render this Franchise subject to revocation. All provisions of this Franchise shall apply to the respective parties, their lawful successors, transferees and assigns.