Common use of NO ASSIGNMENT WITHOUT PERMISSION Clause in Contracts

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the Town. Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement ESA without the prior written approval of the Town. Such approval may by be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications ability as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold consent of Town, assign its consent rights and delegate its obligations under this ESA to an assignment to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has parent, or (iii) any person or entity with similar financial and professional capability to perform under this Agreement succeeding to all or substantially all of the financial ability, qualifications, and experience to fulfill all obligations assets of Competitive Supplier under this Agreement, and which agrees, Supplier. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experienceESA. The Town may assign this Agreement ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this AgreementESA. The rights and obligations created by this Agreement ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the TownMunicipality. Such approval may by denied at the reasonable discretion of the Town Municipality if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town Municipality may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent parent) that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town Municipality that the assignee possesses such financial ability, qualifications, and experience. The Town Municipality may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town Municipality and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the TownCity. Such approval may by denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town City may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town City that the assignee possesses such financial ability, qualifications, and experience. The Town City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement ESA without the prior written approval of the Town. Such approval may by be denied at the reasonable discretion of the Town only if it determines and reasonably demonstrates that the proposed assignee (A) does not have at least the same financial ability, experience, and qualifications ability as the assigning Competitive Supplier, (B) is not a reputable supplier in the Commonwealth of Massachusetts, or (C) has done business with the Town in the past and its performance was not consistent with its contractual obligations. If the Town does not approve the assignment, it must articulate the basis for its disapproval in writing. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of parent. Competitive Supplier under this Agreement, and which agrees, Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experienceESA. The Town may assign this Agreement ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this AgreementESA. The rights and obligations created by this Agreement ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement ESA without the prior written approval of the TownCity. Such approval may by be denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications ability as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold consent of City, assign its consent rights and delegate its obligations under this ESA to an assignment to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has parent, or (iii) any person or entity with similar financial and professional capability to perform under this Agreement succeeding to all or substantially all of the financial ability, qualifications, and experience to fulfill all obligations assets of Competitive Supplier under this Agreement, and which agrees, Supplier. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experienceESA. The Town City may assign this Agreement ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness financial ability as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this AgreementESA. The rights and obligations created by this Agreement ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply businessbusiness to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier’s parent company, Competitive Supplier shall not otherwise assign its rights and privileges under this Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld. Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the Town. Such approval may by be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, ability and experience qualifications to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, ability and qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior express written approval of the Town. Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the TownCity. Such approval may by be denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability, experience, experience and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town City may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, qualifications and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town City that the assignee possesses such financial ability, qualifications, qualifications and experience. The Town City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this AgreementSupplier. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, upon the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply businessbusiness to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier’s parent company,, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld . Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply businessbusiness to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier's parent company, Competitive Supplier shall not otherwise assign its rights and privileges under this Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld. Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s 's corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the TownCity . Such approval may by be denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town City may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, ability and experience qualifications to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town City that the assignee possesses such financial ability, ability and qualifications, and experience. The Town City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the Town. Such approval may by be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, ability qualifications and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, ability qualifications and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.