Common use of NO ASSIGNMENT WITHOUT PERMISSION Clause in Contracts

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such approval may be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent, or (iii) any person or entity with similar financial and professional capability to perform under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such approval may be denied at the reasonable discretion of the Town only if it determines and reasonably demonstrates that the proposed assignee (A) does not have at least the same financial ability as the assigning Competitive Supplier, (B) is not a reputable supplier in the Commonwealth of Massachusetts, or (C) has done business with the Town in the past and its performance was not consistent with its contractual obligations. If the Town does not approve the assignment, it must articulate the basis for its disapproval in writing. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent, or (iii) any person or entity with similar financial and professional capability to perform under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the TownCity. Such approval may be denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the consent of TownCity, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent, or (iii) any person or entity with similar financial and professional capability to perform under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town City may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA 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 to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier’s parent company, Competitive Supplier shall not otherwise assign its rights and privileges under this ESA Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld. Such approval may be by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parentparent that has the financial ability, or (iii) any person or entity with similar financial qualifications, and professional capability experience to perform fulfill all obligations of Competitive Supplier under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree Agreement, and which agrees, in writing to be bound by the terms and conditions of this ESAAgreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this ESA Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESAAgreement. The rights and obligations created by this ESA 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 ESA Agreement without the prior express written approval of the Town. Such approval may be by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parentparent that has the financial ability, or (iii) any person or entity with similar financial qualifications, and professional capability experience to perform fulfill all obligations of Competitive Supplier under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree Agreement, and which agrees, in writing to be bound by the terms and conditions of this ESAAgreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this ESA Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESAAgreement. The rights and obligations created by this ESA 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 to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier's parent company, Competitive Supplier shall not otherwise assign its rights and privileges under this ESA Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld. Such approval may be by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s 's corporate parentparent that has the financial ability, or (iii) any person or entity with similar financial qualifications, and professional capability experience to perform fulfill all obligations of Competitive Supplier under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree Agreement, and which agrees, in writing to be bound by the terms and conditions of this ESAAgreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this ESA Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESAAgreement. The rights and obligations created by this ESA 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 to a wholly owned subsidiary of the Competitive Supplier or to a wholly owned subsidiary of the Competitive Supplier’s parent company,, Competitive Supplier shall not assign its rights and privileges under this ESA Agreement without the prior written approval of the TownTown such assignment not to be unreasonably withheld . Such approval may be by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parentparent that has the financial ability, or (iii) any person or entity with similar financial qualifications, and professional capability experience to perform fulfill all obligations of Competitive Supplier under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree Agreement, and which agrees, in writing to be bound by the terms and conditions of this ESAAgreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this ESA Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESAAgreement. The rights and obligations created by this ESA 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 ESA Agreement without the prior written approval of the Town. Such approval may be by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, Competitive Suppler may, without the Town may not unreasonably withhold its consent of Town, assign its rights and delegate its obligations under this ESA to (i) any third party for the limited purpose of securing credit and financing or in conjunction with the sale of receivables, (ii) an assignment to an affiliated entity (i.e., one under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent) that has the financial ability, or (iii) any person or entity with similar financial qualifications, and professional capability experience to perform fulfill all obligations of Competitive Supplier under this Agreement succeeding to all or substantially all of the assets of Competitive Supplier. Competitive Supplier’s assignee shall agree Agreement, and which agrees, in writing to be bound by the terms and conditions of this ESAAgreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this ESA Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESAAgreement. The rights and obligations created by this ESA Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.