Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that: (a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and (b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 5 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer novation only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Novation Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority in writing that it has consented to the transfer novation and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 4 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 3 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that:
(a) that the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and sufficient financial standing ofresources, and the technical and financial resources available toor is supported by a satisfactory guarantee, the Proposed Substitute are sufficient to perform carry out the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority in writing that it has consented to the transfer and and, if the Material Project Contractor has not consented, an explanation of its reasons to withhold for withholding its consent.
Appears in 2 contracts
Sources: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority City and the Authority City has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Project Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Project Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority City in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 1 contract
Sources: Project Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.24.2 [Consent to Transfer], the Material Project Contractor will notify the Authority in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 1 contract
Sources: Collateral Agreement
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority and the Authority has failed to show to the Material Project Contractor's ’s satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 1 contract
Grant of Consent. The Material Project Contractor may withhold or delay consent to a transfer only if the Proposed Substitute is not the Authority BC Hydro and the Authority BC Hydro has failed to show to the Material Project Contractor's ’s satisfaction (acting reasonably) that:
(a) the Proposed Substitute has the legal capacity, power and authority BC Hydro to become a party to and perform the obligations of Project Co under the Material Contract; and
(b) the technical competence and financial standing of, and the technical and financial resources available to, the Proposed Substitute are sufficient to perform the obligations of Project Co under the Material Contract. Within five Business Days of the receipt of a Proposed Transfer Notice and all information required under Section 4.2, the Material Project Contractor will notify the Authority BC Hydro in writing that it has consented to the transfer and if the Material Project Contractor has not consented, an explanation of its reasons to withhold its consent.
Appears in 1 contract