Assignment by Company. Rights granted to the Company under this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to each of the following conditions: (a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment; (b) no assignment shall relieve the Company from primary liability hereunder for its obligations hereunder, and the Company shall continue to remain primarily liable for the payment of the Installment Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it; (c) any assignment from the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement; (d) the Company shall, within 30 days after execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; and (e) any assignment from the Company shall not materially impair fulfillment of the purposes to be accomplished by operation of the Project Facilities as a project, the financing of which is permitted under the Act.
Appears in 14 contracts
Sources: Agreement of Sale (United States Steel Corp), Loan Agreement (United States Steel Corp), Loan Agreement (United States Steel Corp)
Assignment by Company. Rights granted to the Company under this This Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of either the Issuer Authority or the Trustee, but only with the prior written consent of the Bond Insurer, subject, however, to each of the following conditions:
(a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior No assignment (other than pursuant to the effective date of such assignment;
(bSection 5.8 hereof) no assignment shall relieve the Company from primary liability hereunder for any of its obligations hereunder, and in the event of any such assignment the Company shall continue to remain primarily liable for the payment of the Installment Loan Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;.
(cb) any Any assignment from by the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement;, and any assignee from the Company shall assume the obligations of the Company hereunder to the extent of the interest assigned.
(dc) the The Company shall, within 30 days after execution thereof, furnish or cause to be furnished to the Issuer Authority and the Trustee a true and complete copy of each such assignment; andassignment together with any instrument of assumption.
(ed) any Any assignment from the Company shall not materially impair fulfillment of the purposes Project Purposes to be accomplished by operation of the Project Facilities as a project, the financing of which is permitted under the Actherein provided.
Appears in 3 contracts
Sources: Loan Agreement (DPL Inc), Loan Agreement (Dayton Power & Light Co), Loan Agreement (DPL Inc)
Assignment by Company. Rights granted to the Company under this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to each of the following conditions:
: (a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment;
; (b) no assignment shall relieve the Company from primary liability hereunder for its obligations hereunder, and the Company shall continue to remain primarily liable for the payment of the Installment Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;
; (c) any assignment from the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement;
; (d) the Company shall, within 30 days after the execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; and
and (e) any assignment from the Company shall not materially impair fulfillment of the purposes to be accomplished by operation of the Project Facilities as a project, the financing refinancing of which is permitted under the Act.
Appears in 2 contracts
Sources: Loan Agreement (United States Steel Corp), Loan Agreement (United States Steel Corp)
Assignment by Company. Rights granted to the Company under this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to each of the following conditions:
(a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment;
(b) no assignment shall relieve the Company from primary liability hereunder for its obligations hereunder, and the Company shall continue to remain primarily liable for the payment of the Installment Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;
(c) any assignment from the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement;
(d) the Company shall, within 30 days after the execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; and
(e) any assignment from the Company shall not materially impair fulfillment of the purposes to be accomplished by operation of the Project Facilities as a project, the financing refinancing of which is permitted under the Act.
Appears in 1 contract
Assignment by Company. Rights granted to the Company under this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to each of the following conditions:: 12
(a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment;
; (b) no assignment shall relieve the Company from primary liability hereunder for its obligations hereunder, and the Company shall continue to remain primarily liable for the payment of the Installment Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;
; (c) any assignment from the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement;
; (d) the Company shall, within 30 days after the execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; and
and (e) any assignment from the Company shall not materially impair fulfillment of the purposes to be accomplished by operation of the Project Facilities as a project, the financing of which is permitted under the Act.
Appears in 1 contract
Assignment by Company. Rights granted to the Company under Except as provided in Section 5.11 hereof and any applicable Note Purchase and Covenants Agreement, this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of either the Issuer or the Trustee, subject, however, to each of the following conditions:
(a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment;
(b) no No assignment shall relieve the Company from primary liability hereunder for any of its obligations hereunder, and in the event of any such assignment the Company shall continue to remain primarily liable for the payment of the Installment Loan Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;.
(cb) any Any assignment from by the Company must retain for the Company such rights and interests as will permit it to perform its remaining obligations under this Agreement;, and any assignee from the Company shall assume the obligations of the Company hereunder to the extent of the interest assigned.
(dc) the The Company shall, within 30 days after execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; andassignment together with any instrument of assumption.
(ed) any Any assignment from the Company shall not materially impair fulfillment of the purposes Project Purposes to be accomplished by operation of the Project Facilities as a projectherein provided.
(e) the Administrative Agent shall have consented in writing to such assignment.
(f) The Issuer, the financing Trustee and the Bank shall have received a Favorable Opinion of which is permitted under the ActBond Counsel.
Appears in 1 contract
Assignment by Company. Rights granted to the Company under this Agreement may be assigned in whole or in part by the Company without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to each of the following conditions:
(a) unless waived by the Issuer or the Trustee, the Company shall notify the Issuer and the Trustee in writing of the identity of any assignee at least 30 days prior to the effective date of such assignment;
(b) no assignment shall relieve the Company from primary liability hereunder for its obligations hereunder, and the Company shall continue to remain primarily liable for the payment of the Installment Payments and Additional Payments and for performance and observance of the agreements on its part herein provided to be performed and observed by it;
(c) any assignment from the Company must retain for the Company such rights and interests as will permit it to perform its obligations under this Agreement;
(d) the Company shall, within 30 days after execution thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment; and
(e) any assignment from the Company shall not materially impair fulfillment of the purposes to be accomplished by operation of the Project Projec Facilities as a project, the financing of which is permitted under the Act.
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