Common use of Assignment by Provider Clause in Contracts

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.