Common use of Assignment; Financing Clause in Contracts

Assignment; Financing. This Agreement may be assigned in whole or in part, without the prior written consent of Board, to any corporation, partnership or other entity (i) which is controlled by, controlling, or under common control with Arcadia; (ii) shall merge or consolidate with or into Arcadia; (iii) in which Arcadia, or a wholly owned affiliate of Arcadia, is at all times the general partner or manager; or (iv) to an entity that acquires substantially all of the assets or ownership interest of Arcadia. As to other parties, this Agreement may not be assigned without the prior written consent of the Board, which consent shall not be unreasonably conditioned, delayed, or withheld (and any such approved assignment shall be subject to assignee assuming all of Arcadia’s obligations herein). Individual Option and Lease Agreements may be collaterally assigned by Arcadia to a Lender as security for Arcadia’s financing without Board’s prior consent, subject to the terms and conditions set forth therein.

Assignment; Financing. a. This Agreement may be assigned in whole or in part, without the prior written consent of Board, to any corporation, partnership or other entity (i) which is controlled by, controlling, or under common control with Arcadia; (ii) shall merge or consolidate with or into Arcadia; (iii) in which Arcadia, or a wholly owned affiliate of Arcadia, is at all times the general partner or manager; or (iv) to an entity that acquires substantially all of the assets or ownership interest of Arcadia. As to other parties, this Agreement may not be assigned without the prior written consent of the Board, which consent shall not be unreasonably conditioned, delayed, or withheld (and any such approved assignment shall be subject to assignee assuming all of Arcadia’s obligations herein). . b. Individual Option and Lease Agreements may be collaterally assigned by Arcadia to a Lender as security for Arcadia’s financing without Board’s prior consent, subject to the terms and conditions set forth therein.