Common use of NO ASSIGNMENT WITHOUT PERMISSION Clause in Contracts

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the Municipality. Such approval may by denied at the reasonable discretion of the Municipality if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality that the assignee possesses such financial ability, qualifications, and experience. The Municipality may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityTown. Such approval may by denied at the reasonable discretion of the Municipality Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality Town may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality Town that the assignee possesses such financial ability, qualifications, and experience. The Municipality Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityCity. Such approval may by denied at the reasonable discretion of the Municipality City if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality City may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality City that the assignee possesses such financial ability, qualifications, and experience. The Municipality City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityCity. Such approval may by be denied at the reasonable discretion of the Municipality City if it determines that the proposed assignee does not have at least the same financial ability, experience, experience and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality City may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, qualifications and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality City that the assignee possesses such financial ability, qualifications, qualifications and experience. The Municipality City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality and such assignment would not in any way impair the rights and interests of Competitive Supplier under this AgreementSupplier. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, upon the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityTown. Such approval may by be denied at the reasonable discretion of the Municipality Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality Town may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, ability and experience qualifications to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality Town that the assignee possesses such financial ability, ability and qualifications, and experience. The Municipality Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityCity . Such approval may by be denied at the reasonable discretion of the Municipality City if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality City may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, ability and experience qualifications to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality City that the assignee possesses such financial ability, ability and qualifications, and experience. The Municipality City may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the MunicipalityTown. Such approval may by be denied at the reasonable discretion of the Municipality Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Municipality Town may not unreasonably withhold its consent to an assignment to an affiliated entity (i.e., an entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) parent that has the financial ability, qualifications, ability qualifications and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Municipality Town that the assignee possesses such financial ability, qualifications, ability qualifications and experience. The Municipality Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Municipality Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.