Permitted assignment and charges Sample Clauses
The 'Permitted assignment and charges' clause defines the conditions under which a party may transfer its rights or obligations under the contract to another party or create security interests over those rights. Typically, this clause outlines whether assignments or charges are allowed, if prior consent is required, and any exceptions or limitations that apply. For example, it may permit assignment to affiliates or in connection with a corporate restructuring, while prohibiting transfers to competitors. Its core function is to control and restrict the transferability of contractual rights and obligations, thereby protecting the interests of the original parties and maintaining the intended contractual relationship.
Permitted assignment and charges. The restraints set forth in Clause 36.1 shall not apply to:
(a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project;
(b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project;
(c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and
(d) liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. The restraints set forth in Clause 20.1 shall not apply to:
(a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Power Station;
(b) mortgages/pledges/hypothecation of Project Assets and their related documents of title, arising or created in the ordinary course of business of the Power Station, and as security only for indebtedness to its Lenders and/or for working capital arrangements for the Power Station;
(c) assignment of rights, interest and obligations of the Supplier to or in favour of its as security for financing provided by them; and
(d) liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. The restraints set forth in Clause 30.1 shall not apply to:
Permitted assignment and charges. 27.2.1 The restraints set forth in Articles 27.1 shall not apply to:
a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project;
b) sub-license or sub-lease of Project Facilities;
c) mortgages/pledges/hypothecation of Project Facilities, and their related documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project, as permitted by the provisions of this Agreement;
d) Mortgage/pledges of rights, benefits, entitlements (including the Project Revenues) of the Concessionaire pursuant to the Concession Agreement and the Lease Deed, as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; and
e) liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. The restraints set forth in Clause 24.1 shall not apply to:
a. liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Operator;
b. mortgages/pledges/hypothecation of goods/assets procured by the Operator from its own financial resources, and their related documents of title, arising or created in the ordinary course of business of the Operator, and as security only for indebtedness to the Lenders for working capital arrangements for the Operator; and c. liens or encumbrances required by any Applicable Law
Permitted assignment and charges. The restraints set forth in Article 18.1 shall not apply to:
a. liens arising by operation of law in the ordinary course of business of the Project;
b. Liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. The restraints set forth in Clause 10.1 shall not apply to:
(a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project;
(b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project. For the avoidance of doubt, the Senior Lenders wouldbe entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe Concessioning Authority under this Agreement;
(c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by andin accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder the Financing Agreements; and
(d) liens or encumbrances required by any Applicable Law
Permitted assignment and charges. The restraints set forth in Clause 21.1 shall not apply to:
(a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of operation, management and maintenance of the Project Facility;
(b) mortgages/pledges/hypothecation of goods/assets other than Project Facilities, and their related documents of title, arising or created in the ordinary course of operation, management and maintenance of the Project Facility and as security only for indebtedness to the Lenders under the Financing Documents; and
(c) Liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. The restraints set forth in Clause 17 shall not apply to:
(a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project;
(b) mortgages/pledges/hypothecation of Project Assets and their related documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Lead Lender(s) under the Financing Agreements;
(c) assignment of rights, interest and obligations of Seller to or in favour of the Lead Lender(s);
(d) assignment of this Agreement by way of security to the Finance Parties. Seller shall notify CEB of any such assignment to the Finance Parties no later than 30 (thirty) Days prior to such assignment and submit to CEB a copy of any assignment documents which it proposes to enter. Seller shall consider the comments of CEB, if any, on the assignment documents prior to the execution of such documents; and
(e) liens or encumbrances required by any Applicable Law.
Permitted assignment and charges. 22.2.1. The restraints set forth in Clause 22.1 shall not apply to:
a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project;
b) mortgages/pledges/hypothecation of goods/assets including Project Assets and their related documents of title, a charge on the Designated Bank Account, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Lenders under the Financing Documents and/or for working capital arrangements for the Project; and
c) liens or encumbrances required by any Applicable Law.