Common use of Assignment to Lenders Clause in Contracts

Assignment to Lenders. If the Interconnection Agreement between the Wholesale Market Participant and the Transmission Owner, as referenced in section 3.1.4 herein, provides that such Interconnection Agreement may be assigned to any Project Finance Entity(ies), and such Interconnection Agreement was assigned, then the Wholesale Market Participant may, without consent of the Transmission Provider or the Transmission Owner, assign this WMPA to such Project Finance Entity(ies), provided that such assignment does not alter or diminish Wholesale Market Participant’s duties and obligations under this WMPA. If Wholesale Market Participant provides the Transmission Owner and Transmission Provider with notice of an assignment to such Project Finance Entity(ies) and identifies such Project Finance Entity(ies) as a contact for notice of Breach pursuant to section 1.1 herein, the Transmission Provider or Transmission Owner shall provide notice and reasonable opportunity for such Project Finance Entity(ies) to cure any Breach under this WMPA in accordance with this WMPA. Transmission Provider or Transmission Owner shall, if requested by such Project Finance Entity(ies), provide such customary and reasonable documents, including consents to assignment, as may be reasonably requested with respect to the assignment and status of this WMPA, provided that such documents do not alter or diminish the rights of the Transmission Provider or Transmission Owner under this WMPA, except with respect to providing notice of Breach pursuant to section 1.1 of this WMPA, to such Project Finance Entity(ies). Upon presentation of the Transmission Provider and/or Transmission Owner’s invoice therefor, Wholesale Market Participant shall pay the Transmission Provider and/or the Transmission Owner’s reasonable documented cost of providing such documents and certificates as requested by such Project Finance Entity(ies). Any assignment described herein shall not relieve or discharge the Wholesale Market Participant from any of its obligations hereunder absent the written consent of the Transmission Owner and Transmission Provider.

Appears in 1 contract

Sources: Wholesale Market Participation Agreement

Assignment to Lenders. If the Interconnection Agreement between the Wholesale Market Participant and the Transmission Owner, as referenced in section 3.1.4 herein, provides that such Interconnection Agreement may be assigned to any Project Finance Entity(ies), and such Interconnection Agreement was assigned, then the Wholesale Market Participant Developer may, without the consent of the Transmission Provider or the Transmission Ownerany other party to this NUCRA, assign this WMPA the NUCRA to such any Project Finance Entity(ies), provided that such assignment does shall not alter or diminish Wholesale Market ParticipantProject Developer’s duties and obligations under this WMPANUCRA. If Wholesale Market Participant Project Developer provides the Transmission Owner and Transmission Provider parties to this NUCRA with notice of an assignment to such any Project Finance Entity(ies) and identifies such Project Finance Entity(ies) as a contact contacts for notice of Breach purposes pursuant to section 1.1 herein12 of this Appendix 2, the Transmission Provider or Transmission Owner shall provide notice and reasonable opportunity for such Project Finance Entity(iesentity(ies) to cure any Breach under this WMPA Appendix 2 in accordance with this WMPAAppendix 2. Transmission Provider or Transmission Owner shall, if requested by such Project Finance Entity(ies)lenders, provide such customary and reasonable documents, including consents to assignment, as may be reasonably requested with respect to the assignment and status of this WMPAthe NUCRA, provided that such documents do not alter or diminish the rights of the Transmission Provider or Transmission Owner under this WMPAAppendix 2, except with respect to providing notice of Breach pursuant to section 1.1 of this WMPA, to such a Project Finance Entity(ies)Entity. Upon presentation of the Transmission Provider Provider’s and/or the Transmission Owner’s invoice therefor, Wholesale Market Participant Project Developer shall pay the Transmission Provider and/or the Transmission Owner’s reasonable documented cost of providing such documents and certificates as requested by such Project Finance Entity(ies)certificates. Any assignment described herein shall not relieve or discharge the Wholesale Market Participant Project Developer from any of its obligations hereunder absent the written consent of the Transmission Owner and Transmission Provider.

Appears in 1 contract

Sources: Network Upgrade Cost Responsibility Agreement

Assignment to Lenders. If the Interconnection Agreement between the Wholesale Market Participant and the Transmission Owner, as referenced in section 3.1.4 herein, provides that such Interconnection Agreement may be assigned to any Project Finance Entity(ies), and such Interconnection Agreement was assigned, then the Wholesale Market Participant Developer Party may, without the consent of the Transmission Provider or the Transmission Owner, assign this WMPA CSA to such any Project Finance Entity(ies), provided that such assignment does shall not alter or diminish Wholesale Market ParticipantDeveloper Party’s duties and obligations under this WMPACSA. If Wholesale Market Participant Developer Party provides the Transmission Owner and Transmission Provider with notice of an assignment to such any Project Finance Entity(ies) and identifies such Project Finance Entity(ies) as a contact contacts for notice of Breach purposes pursuant to section 1.1 hereinArticle 6 of this CSA, the Transmission Provider or Transmission Owner shall provide notice and reasonable opportunity for such Project Finance Entity(iesentity(ies) to cure any Breach under this WMPA CSA in accordance with this WMPACSA. Transmission Provider or Transmission Owner shall, if requested by such Project Finance Entity(ies)lenders, provide such customary and reasonable documents, including consents to assignment, as may be reasonably requested with respect to the assignment and status of this WMPACSA, provided that such documents do not alter or diminish the rights of the Transmission Provider or Transmission Owner under this WMPACSA, except with respect to providing notice of Breach pursuant to section 1.1 of this WMPA, to such a Project Finance Entity(ies)Entity. Upon presentation of the Transmission Provider Provider’s and/or the Transmission Owner’s invoice therefortherefore, Wholesale Market Participant Developer Party shall pay the Transmission Provider and/or the Transmission Owner’s reasonable documented cost of providing such documents and certificates as requested by such Project Finance Entity(ies)certificates. Any assignment described herein shall not relieve or discharge the Wholesale Market Participant Developer Party from any of its obligations hereunder absent the written consent of the Transmission Owner and Transmission Provider.

Appears in 1 contract

Sources: Construction Service Agreement

Assignment to Lenders. If the Interconnection Agreement between the Wholesale Market Participant and the Transmission Owner, as referenced in section 3.1.4 herein, provides that such Interconnection Agreement it may be assigned to any Project Finance Entity(ies), and such the Interconnection Agreement was so assigned, then the Wholesale Market Participant may, without consent of the Transmission Provider or the Transmission Owner, may assign this WMPA to such Project Finance Entity(ies)) without Transmission Provider’s or Transmission Owner’s consent, provided that such assignment does not alter or diminish Wholesale Market Participant’s duties and obligations under this WMPA. If Wholesale Market Participant provides the Transmission Provider and Transmission Owner and Transmission Provider with notice of an assignment to such Project Finance Entity(ies) and identifies such Project Finance Entity(ies) as a contact contact(s) for notice of Breach pursuant to consistent with Appendix 2, section 1.1 herein7.3 hereto, the then Transmission Provider or and Transmission Owner shall provide notice and reasonable opportunity for such Project Finance Entity(ies) to cure any Breach under this WMPA in accordance with this WMPA. Transmission Provider or Transmission Owner shall, if requested by such Project Finance Entity(ies), provide such customary and reasonable documents, including consents to assignment, as may reasonably be reasonably requested with respect to the assignment and status of this WMPA, provided that such documents do not alter or diminish the rights of the Transmission Provider or Transmission Owner under this WMPA, except with respect to providing notice of Breach pursuant to section 1.1 of this WMPA, to such Project Finance Entity(ies)) consistent with Appendix 2, section 7.3 hereto. Upon presentation of the Transmission Provider and/or Provider’s or Transmission Owner’s invoice therefor, Wholesale Market Participant shall pay the Transmission Provider and/or the Provider’s or Transmission Owner’s reasonable documented cost of providing such documents and certificates as requested by such Project Finance Entity(ies). Any assignment described herein shall not relieve or discharge the Wholesale Market Participant from any of its obligations hereunder absent the written consent of the Transmission Owner Provider and Transmission ProviderOwner.

Appears in 1 contract

Sources: Wholesale Market Participation Agreement