Hospital Assignment. (a) Hospital shall not charge, mortgage or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement. (b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements: (i) to the Province of Ontario; (ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario); (iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same; (iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender; (v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lender; or (vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender; (c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of Ontario;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario);
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health care services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of LenderOntario;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of LenderTrustee; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender Trustee not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of LenderTrustee. provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx Trustee to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and LenderTrustee;
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage mortgage, or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of Ontario;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario);
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of LenderOntario;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lendersame; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender Lender, not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. delayed, provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties Parties, and Xxxxxx to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender;.
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage mortgage, or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of Ontario;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario);
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of LenderOntario;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lendersame; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender Lender, not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. delayed, provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx Lender to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender;.
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of Ontario;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario);
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of LenderOntario;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lendersame; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. delayed, provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx Lender to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender;
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of OntarioProvince;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario)The Erie St. Clair LHIN;
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or and the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lender; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. Xxxxxx, provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx Lender to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender;.
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement
Hospital Assignment. (a) Hospital shall not charge, mortgage or encumber, or, except in accordance with Section 6.2(b), sell, assign, transfer, dispose of or otherwise alienate, all or any part of its interest in this Project Agreement or any Implementing Agreement.
(b) Hospital may sell, assign, transfer, dispose of or otherwise alienate all (but not less than all) of its interest in this Project Agreement and the Implementing Agreements:
(i) to the Province of Ontario;
(ii) to the Local Health Integration Network (as defined pursuant to the Local Health System Integration Act (Ontario);
(iii) to any public hospital under the Public Hospitals Act (Ontario) to whom the MOHLTC, exercising its statutory rights, would be entitled to transfer same;
(iv) to any successor of Hospital, where such successor arises as a result of a direction or approval under the Public Hospitals Act (Ontario) and/or the Local Health System Integration Act (Ontario) or a reorganization of the delivery of health services initiated by the Province of Ontario so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender;
(v) to any Person that is regulated and funded by the Province of Ontario as a healthcare institution and is approved by MOHLTC as a transferee of same so long as such transferee does not have a materially worse credit or risk profile in the reasonable view of Lendersame; or
(vi) in circumstances other than those described in Sections 6.2(b)(i) to 6.2(b)(v), inclusive, with the prior written consent of Project Co, Contractor and Lender not to be unreasonably withheld or delayed so long as such successor does not have a materially worse credit or risk profile in the reasonable view of Lender. ; provided that (A) the Person to whom any such sale, assignment, transfer, disposition or other alienation is made has the capacity to assume and perform, and agrees in writing with the Contracting Parties and Xxxxxx Lender to assume and perform, all the obligations of Hospital hereunder and under all of the Implementing Agreements; and (B) MOHLTC confirms to the assignee or transferee its commitment to fund the assignee or transferee on terms and conditions no less favourable than those set out in the Funding Letter and a copy of such confirmation is provided to Project Co, Contractor and Lender;
(c) Upon any sale, assignment, transfer, disposition or other alienation in accordance with Section 6.2(b), Hospital shall be released of all of its obligations hereunder to the extent assumed by the assignee or transferee.
Appears in 1 contract
Samples: Project Agreement