Assignment and Change of Control. The right of Seller to assign this Agreement or to transfer control of the Units (directly or indirectly) to another person, whether or not affiliated, shall be subject to Buyer’s consent, not to be unreasonably withheld upon a showing of the proposed assignee’s technical and financial capability to fulfill the requirements of Seller. The right of Buyer to assign this Agreement to another person, whether or not affiliated, shall be subject to Seller’s consent, not to be unreasonably withheld upon a showing of the proposed assignee’s technical and financial capability to fulfill the requirements of Buyer. Assignment of this Agreement and liens upon the Units for purposes of project financing shall be permitted; and Buyer will execute such additional consents as reasonably required by Seller in connection with such assignment; provided that Buyer shall not be required to consent to any additional terms or conditions, including extension of the cure periods or additional remedies for lenders; and provided further, Seller shall be responsible for Buyer’s reasonable costs associated with review, negotiation, execution and delivery of such documents, including attorney’s fees. Seller will agree that the Units and the Products will be free of liens other than permitted liens contemplated in the preceding sentence, as agreed to by the Parties.
Appears in 8 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
