Assignment by Provider Sample Clauses

Assignment by Provider. Provider shall not sell, transfer or assign (collectively, an “Assignment”) the Agreement or any interest therein, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed; provided, however, that, without the prior consent of Purchaser, Provider may (i) assign this Agreement to an Affiliate provided such assignment occurs no later than 90 days after the Commercial Operation Date, and that Affiliate has the financial wherewithal and ability to perform Provider’s obligations at least equal to Provider;

Assignment by Provider. 14 Provider shall not assign its rights or obligations under this Agreement provided, except, that Provider is 15 free to change ownership interests in the Provider without restriction or notification to Receiver. In all cases 16 of Assignment by Provider either One Energy Capital LLC or One Energy Capital Corporation will remain 17 as the sole manager of the Provider.

Assignment by Provider. Provider shall not sell, transfer or assign (collectively, an “Assignment”) the Agreement or any interest therein, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed; provided, however, that, without the prior consent of Purchaser, Provider may (i) assign this Agreement to an Affiliate provided such assignment occurs no later than 90 days after the Commercial Operation Date, and that Affiliate has the financial wherewithal and ability to perform Provider’s obligations at least equal to Provider; (ii) assign this Agreement as collateral security in connection with any financing of the System (including, without limitation, pursuant to a sale- leaseback transaction). In the event that Provider identifies such secured Financing Party in Schedule 5 of the Special Conditions, or in a subsequent notice to Purchaser, then Purchaser shall comply with the provisions set forth in Exhibit A of these General Terms and Conditions. Any Financing Party shall be an intended third-party beneficiary of this Section 13.1. Any assignment by Provider without any required prior written consent of Provider shall not release Purchaser of its obligations hereunder.

Assignment by Provider. Provider shall not sell, transfer or assign (collectively, an “Assignment”) the Agreement or any interest therein, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed; provided, Purchaser agrees that Provider may assign this Agreement without the consent of the Purchaser to an Affiliate of Provider or any party providing financing for the System. In the event that Provider identifies a secured Financing Party in the Special Conditions, or in a subsequent notice to Purchaser, then Purchaser shall comply with the provisions set forth in Exhibit B of these General Terms and Conditions and agrees to provide such estoppels, acknowledgments and opinions of counsel as Provider may reasonably request from time to time. Any Financing Party shall be an intended third-party beneficiary of this Section 13.1. Any Assignment by Provider without obtaining the prior written consent and release of Purchaser, when such consent is required by this Section 13.1, shall not release Provider of its obligations hereunder.

Assignment by Provider. Except as expressly provided in this Agreement, Provider may not sell, transfer, or assign its rights under this Agreement or any right, interest, or obligation therein (collectively, an “Assignment”) without the prior written consent of District, which consent may not be unreasonably withheld, conditioned or delayed, provided that any assignee possesses all required skills, knowledge, expertise, experience, and financial capacity and creditworthiness

Assignment by Provider. (a) The Provider may only assign and/or transfer all or part of its rights and/or L A obligations under this Agreement and any other Contract Document in accordance with this clause 28.2. T E (b) The Provider may at any time request, in writing, for HUD to consent to it transferring or assigning all or part of its right, title and interest in and under any Contract Document to another housing provider. (c) The Provider is to provide any information that HUD requests in relation to the proposed transfer or assignment including information regarding the proposed transferee or assignee. (d) HUD may, in its absolute discretion, after receiving the information regarding the proposed transfer or assignment, decide whether to agree (with or without conditions) to the proposed transfer or assignment. (e) If ▇▇▇ agrees to the proposed transfer or assignment, then: (i) the Provider is to ensure that any conditions imposed by HUD are complied with to HUD’s satisfaction; (ii) the Provider is to procure the transferee or assignee to enter into an agreement with HUD in the form of the relevant Contract Documents; and (iii) the Provider and the transferee or assignee must obtain all approvals in relation to the proposed transfer or assignment and execute all documents relating to the transfer or assignment. (f) ▇▇▇ agrees: (i) not to unreasonably withhold consent to any transfer; and (ii) to promptly do all things necessary to enable the transfer to occur.

Assignment by Provider. (a) The Provider may at any time request, in writing, for MSD to consent to it L A transferring or assigning all or part of its right, title and interest in and under any Contract Document to another Housing provider. T E (b) The Provider is to provide any information that MSD requests in relation to the proposed transfer or assignment including information regarding the proposed transferee or assignee. (c) MSD may, in its absolute discretion, after receiving the information regarding the proposed transfer or assignment, decide whether to agree (with or without conditions) to the proposed transfer or assignment. (d) If MSD agrees to the proposed transfer or assignment, then: (i) the Provider is to ensure that any conditions imposed by MSD are complied with to MSD’s satisfaction; (ii) the Provider is to procure the transferee or assignee to enter into an agreement with MSD in the form of the relevant Contract Documents; and (iii) the Provider and the transferee or assignee must obtain all approvals in relation to the proposed transfer or assignment and execute all documents relating to the transfer or assignment. (e) MSD agrees: (i) not to unreasonably withhold consent to any transfer; and (ii) to promptly do all things necessary to enable the transfer to occur.‌‌

Assignment by Provider. Provider shall not assign any of its rights or obligations under this Agreement as to the respective Facility without Customer’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that (i) Provider may assign this Agreement as to the respective Facility without Customer’s consent in connection with a sale by Provider of such respective Facility so long as the transferee: (A) agrees to assume all of Provider’s obligations under this Agreement as to such respective Facility; (B) is financially and operationally capable of fulfilling the terms of this Agreement as to such respective Facility, which determination shall be made by Provider in its reasonable judgment; and (C) is not a competitor of Customer; and (ii) Provider shall be permitted to make a collateral assignment of this Agreement as to such respective Facility solely to secure working capital financing for Provider.

Assignment by Provider. The developer may assign its obligations or rights to payments due in order to secure financing from a lender. • Otherwise, the developer may not assign its duties under the PPA without the Town’s written consent and proof that the party to which the developers’ duties will be assigned is financially secure and has the necessary experience to operate a solar array.