Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date: (a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and (b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "Transfer Agreement") and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which: (1) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and (2) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract.
Appears in 6 contracts
Samples: Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date:
(a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and
(b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "Transfer Agreement") and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which:which:
(1) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and
(2) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract.Contract.
Appears in 3 contracts
Samples: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date:
(a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and
(b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "Transfer Agreement") and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which:
(1) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and
(2) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract. Prior to the Transfer Effective Date, the Authority and the Material Project Contractor will use reasonable efforts to agree to any amendments to the Material Contract reasonably necessary to reflect the fact that the Project Agreement may have terminated at the time of the Transfer Effective Date.
Appears in 2 contracts
Samples: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date:
(a) the Proposed Substitute will become a party to the Material Project Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Project Contract in place of Project Co; and
(b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "Transfer Agreement") and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which:
(1i) the Proposed Substitute will be granted all of the rights of Project Co under the Material Project Contract; and
(2ii) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Project Contract.
Appears in 1 contract
Samples: Project Agreement
Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date:
(a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and
(b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "“Transfer Agreement"”) and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which:
(1) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and
(2) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract.
Appears in 1 contract
Implementation of Transfer. If the Material Project Contractor consents or is deemed to have consented to a transfer pursuant to a Proposed Transfer Notice, then on the Proposed Transfer Date:
(a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and
(b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a transfer agreement (the "“Transfer Agreement"”) and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which:
(1i) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and
(2ii) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract.
Appears in 1 contract