Common use of Prior Written Consent Clause in Contracts

Prior Written Consent. Seller shall not assign or in any manner transfer this Agreement or any part thereof without the prior written consent of Buyer, which consent may not be unreasonably conditioned, withheld or delayed, except that in connection with: (i) any assignment or transfer of this Agreement by Seller to an Affiliate of Seller (provided that such Affiliate's financial condition, creditworthiness and operational ability following the contemplated assignment or transfer are sufficient to permit Seller to satisfy its obligations under this Agreement, as reasonably determined by Buyer); and (ii) any assignment to any Financier(s) as collateral security for obligations under the financing documents entered into with such Financier(s), subject to the terms and conditions of this Agreement, no prior notice to or consent of Buyer is required, provided that Seller shall promptly notify Buyer after the date of assignment or transfer. Buyer shall consent to an assignment or other transfer if such assignee or transferee shall deliver evidence reasonably satisfactory to Buyer that assignee or transferee is sufficiently creditworthy and has adequate technical expertise to perform the obligations of Seller under this Agreement.

Appears in 3 contracts

Samples: Net Metering Power Sales Agreement, Power Purchase Agreement, Net Metering Power Purchase Agreement

AutoNDA by SimpleDocs

Prior Written Consent. Seller shall not assign or in any manner transfer this Agreement or any part thereof without the prior written consent of Buyer, which consent may not be unreasonably conditioned, withheld or delayed, except that in connection with: (i) any assignment or transfer of this Agreement by Seller to an Affiliate of Seller (provided that such Affiliate's financial condition, creditworthiness and operational ability following the contemplated assignment or transfer are sufficient to permit Seller to satisfy its obligations under this Agreement, as reasonably determined by BuyerXxxxx); and (ii) any assignment to any Financier(s) as collateral security for obligations under the financing documents entered into with such Financier(s), subject to the terms and conditions of this Agreement, no prior notice to or consent of Buyer is required, provided that Seller shall promptly notify Buyer after the date of assignment or transfer. Buyer shall consent to an assignment or other transfer if such assignee or transferee shall deliver evidence reasonably satisfactory to Buyer that assignee or transferee is sufficiently creditworthy and has adequate technical expertise to perform the obligations of Seller under this Agreement.

Appears in 1 contract

Samples: Net Metering Power Sales Agreement

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.