Common use of Assignment and Financing Clause in Contracts

Assignment and Financing. Neither party shall assign this Agreement or any portion thereof to any third party without the prior written consent of the other party which consent shall not be unreasonably withheld. The PPA shall be binding upon and inure to the benefit of the solar power developer and the DISCOM and their respective permitted successors and assignees. This PPA shall not be assigned by either the solar power developer or the DISCOM except by mutual consent between the parties to the PPA to be evidence in writing. Provided such consent shall not be withheld if the DISCOM seeks to transfer to any transferee all of its rights and obligations under the PPA. Notwithstanding anything to the contrary contained herein, DISCOM shall promptly give its consent and no-objection to the assignment of any of the solar power developer’s rights and obligations under this PPA in favour of lenders or lender’s representative. Provided however that any successors or permitted assignees identified after such mutual agreement may be required to execute a new agreement on the same terms and conditions as are included in this agreement and obligations of the SPD provided herein the agreement shall not be waived in respect of the selectee unless such waiver is specifically issued in writing by the DISCOM.

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Assignment and Financing. Neither party shall assign this Agreement or any portion thereof to any third party without the prior written consent of the other party which consent shall not be unreasonably withheld. The PPA shall be binding upon and inure to the benefit of the solar power developer and the DISCOM and their respective permitted successors and assignees. This PPA shall not be assigned by either the solar power developer or the DISCOM except by mutual consent between the parties to the PPA to be evidence in writing. Provided such consent shall not be withheld if the DISCOM seeks to transfer to any transferee all of its rights and obligations under the PPA. Notwithstanding anything to the contrary contained herein, DISCOM shall promptly give its consent and no-objection to the assignment of any of the solar power developer’s developer‟s rights and obligations under this PPA in favour of lenders or lender’s lender‟s representative. Provided however that any successors or permitted assignees identified after such mutual agreement may be required to execute a new agreement on the same terms and conditions as are included in this agreement and obligations of the SPD provided herein the agreement shall not be waived in respect of the selectee unless such waiver is specifically issued in writing by the DISCOM.

Appears in 1 contract

Sources: Power Purchase Agreement