Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer to assign its rights and obligations under the Comprehensive Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Project Financing Agreements), the effectiveness of such assignment will be conditional upon: (a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute; (b) the Department approving the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.04; and (c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 4 contracts
Samples: Direct Agreement, Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement Second ARCA and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Combined Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.045.02; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 3 contracts
Samples: Next Direct Agreement, Fred Ex Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Combined Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.045.02; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 3 contracts
Samples: Fred Ex Direct Agreement (Comprehensive Agreement), Comprehensive Agreement, Comprehensive Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Combined Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section Sections 5.02 or Section 5.04; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 2 contracts
Samples: Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer to assign its rights and obligations under the Comprehensive Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.045.02; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 2 contracts
Samples: Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement Second ARCA and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Combined Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section Sections 5.02 or Section 5.04; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 2 contracts
Samples: Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement Second ARCA and/or this Agreement to a Person (a “SubstituteS ubstitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Combined Project Financing Agreements), the effectiveness of such assignment will be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.04; andto
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section S ection 6.01.
Appears in 2 contracts
Samples: Fred Ex Direct Agreement, Direct Agreement
Notice of Proposed Substitute. To the extent that If at any time the Collateral Agent or the Lenders at any time propose proposes to require the Developer to assign its rights and transfer its obligations under the Comprehensive Project Agreement and/or and this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Project Financing AgreementsDocuments), the effectiveness of such assignment will and transfer shall be conditional upon:
(a) the Collateral Agent issuing giving a notice (a “Substitution Notice”) to the Department Enterprises, at any time that such notice delivery is permitted pursuant to Section 4.2(c), requesting the Department’s prior their approval of the proposed Substitute;Substitute;
(b) the Department approving Enterprises’ approval of the identity of the proposed Substitute pursuant to Section 5.02 or Section 5.046.2 to the extent required thereunder; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.017.1.
Appears in 1 contract
Samples: Direct Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer to assign its rights and obligations under the Comprehensive Project Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Project Financing AgreementsDocuments), the effectiveness of such assignment will shall be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department Authority requesting the Department’s prior approval of the proposed Substitute;
(b) the Department Authority approving the identity of the proposed Substitute pursuant to Section Sections 5.02 or Section 5.04; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 1 contract
Samples: Project Agreement
Notice of Proposed Substitute. To the extent that the Collateral Agent or the Lenders at any time propose to require the Developer Concessionaire to assign its rights and obligations under the Comprehensive Agreement and/or this Agreement to a Person (a “Substitute”) designated by the Collateral Agent or the Lenders (whether by mutual agreement or enforcement of rights under the Initial Project Financing Agreements), the effectiveness of such assignment will shall be conditional upon:
(a) the Collateral Agent issuing a notice (a “Substitution Notice”) to the Department requesting the Department’s prior approval of the proposed Substitute;
(b) the Department approving the identity of the proposed Substitute pursuant to Section Sections 5.02 or Section 5.04; and
(c) the proposed Substitute executing a Substitute Accession Agreement in accordance with Section 6.01.
Appears in 1 contract
Samples: Direct Agreement