Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with any merger or consolidation of the Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer, or (b) to any substitute purchaser of the Products so long as in the case of either clause (a) or clause (b) of this Section 14.4, either
(1) the proposed assignee’s credit rating is at least either BBB- from S&P or Baa3 from Xxxxx’x or (2) the proposed assignee’s credit rating is equal to or better than that of Buyer at the time of the proposed assignment, or (3) such assignment, or in the case of clause (a) above the transaction associated with such assignment, has been approved by the MDPU.
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with (i) any merger or consolidation of Buyer with or into another Person; (ii) any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property; or (iii) any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer; provided that (A) the proposed assignee agrees in writing to assume all of Buyer’s obligations under this Agreement and (B) the proposed assignee delivers to Seller a legal opinion as to due power and authority, due authorization, enforceability and regulatory approvals, or (b) to a Person whose credit rating as established by S&P or Xxxxx’x is equal or better than BBB- from S&P or Baa3 from Moody’s after giving effect to the proposed assignment of this Agreement; provided that (i) the proposed assignee agrees in writing to assume all of Buyer's obligations under this Agreement and (ii) the proposed assignee delivers to Seller a legal opinion as to due power and authority, due authorization, enforceability and regulatory approvals.
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with any merger or consolidation of Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer, or (b) to any substitute purchaser of the Products so long as in the case of either clause (a) or clause (b) of this Section 14.4, (i) either (x) the proposed assignee’s credit rating is at least either BBB- from S&P or Baa3 from Xxxxx’x or (y) the proposed assignee’s credit rating is equal to or better than that of Buyer at the time of the proposed assignment and the proposed assignee is regulated by the MDPU or another Governmental Entity that authorizes the recovery of Buyer’s costs incurred under this Agreement in retail rates charged by the proposed assignee to the same extent as such recovery is authorized in the Regulatory Approval, and (ii) such assignment or, in the case of clause (a) above, the transaction associated with such assignment has been approved by the MDPU or the appropriate Governmental Entity.
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller in connection with any merger, consolidation, exchange of all of the common stock or other equity interests or other similar transactions involving Buyer that is approved by the Authority.
Permitted Assignment by Buyer. (a) Buyer shall have the right to assign this Agreement without consent of Seller:
(i) in connection with any merger or consolidation of Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer; provided that (x) either (A) the proposed assignee’s credit rating is at least either “BBB-” from S&P or “Baa3” from Xxxxx’x or (B) the proposed assignee’s credit rating is equal to or better than that of Buyer at the time of the proposed assignment or (y) if such approval is required under applicable Law, the transaction associated with such assignment, has been approved by the MDPU or the appropriate Governmental Entity, in each case, with an express assumption of Buyer’s obligations hereunder in writing, reasonably acceptable to Seller and Buyer; or
(ii) to any substitute purchaser of the Products; provided that (x) both (A) the proposed assignee’s credit rating is at least either “BBB-”
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with any merger or consolidation of the Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer, or (b) to any substitute purchaser of the Products so long as such substitute purchaser’s (1) credit rating is at least either BBB- from S&P or Baa3 from Xxxxx’x or (2) credit rating is equal to or better than that of Buyer at the time of the proposed assignment, or (3) such assignment, or in the case of clause (a) above the transaction associated with such assignment, has been approved by the MDPU.
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with any merger or consolidation of the Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer, or (b) to any substitute purchaser of the Products so long as (i) in the case of clause (a) of this Section 14.4, either (1) the proposed assignee’s credit rating for unsecured, senior long-term debt obligations is at least either BBB- from S&P or Baa3 from Xxxxx’x, or (2) the proposed assignee’s credit rating is equal to or better than that of Buyer at the time of the proposed assignment, or (3) such assignment has been approved by the MDPU or the appropriate Governmental Entity with jurisdiction over such transaction, or (ii) in the case of clause (b) of this Section 14.4, the proposed assignee has a credit rating that is at least Investment Grade and is regulated by the MDPU or another Governmental Agency that approves the recovery in rates of amounts expended under this Agreement.
Permitted Assignment by Buyer. Buyer may assign this Agreement without Seller’s consent if such assignment is to another Illinois State entity or governmental entity. Buyer may not otherwise assign this Agreement.
Permitted Assignment by Buyer. (a) Buyer shall have the right to assign this Agreement without consent of
Permitted Assignment by Buyer. Buyer shall have the right to assign this Agreement without consent of Seller (a) in connection with any merger or consolidation of the Buyer with or into another Person or any exchange of all of the common stock or other equity interests of Buyer or Buyer’s parent for cash, securities or other property or any acquisition, reorganization, or other similar corporate transaction involving all or substantially all of the common stock or other equity interests in, or assets of, Buyer, or (b) to any substitute purchaser of the Products, so long as in the case of either clause (a) or clause (b) of this Section 14.4, either
(1) the proposed assignee’s credit rating is at least either BBB- from S&P or Baa3 from Xxxxx’x or (2) the proposed assignee’s credit rating at the time of the proposed assignment is equal to or better than that of Buyer on the Effective Date, or (3) (i) such assignment, or in the case of clause
(a) above the transaction associated with such assignment, has been required by legislative action or has been approved by the MDPU and any other appropriate Government Entity, as applicable, as part of a larger transaction of Buyer, and (ii) if such assignment is not to an Affiliate of Buyer, or in the case of clause (a) above the counterparty to the transaction is not an Affiliate of Buyer, such assignee or counterparty shall have provided Seller with Credit Support in the amount of $503,496.
