Common use of Assignment to Financing Providers Clause in Contracts

Assignment to Financing Providers. Seller shall be permitted to assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) without the prior written consent of the Buyer; provided that the financing provider(s), enter(s) into a Consent to Assignment in the form attached hereto as Appendix VIII under which such financing provider(s) shall agree that upon exercising its rights to assume the Agreement, it shall be bound by the terms and conditions hereof; and provided further that Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs associated with the review, execution and delivery of documents in connection with such assignment, including without limitation attorneys’ fees.

Assignment to Financing Providers. Seller shall be permitted to assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) without the prior written consent of the Buyer; provided that the financing provider(s), enter(s) into a Consent to Assignment in the form attached hereto as Appendix VIII under which such financing provider(s) shall agree that upon exercising its rights to assume the Agreement, it shall be bound by the terms and conditions hereof; and provided further that Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs associated with the review, execution and delivery of documents in connection with such assignment, including without limitation attorneys’ fees.

Assignment to Financing Providers. Seller shall be permitted to assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) without the prior written consent of the Buyer; provided that the financing provider(s), enter(s) into a Consent to Assignment in form and substance substantially similar to the form attached hereto as Appendix VIII under which such financing provider(s) shall agree that upon exercising its rights to assume the Agreement, it shall be bound by the terms and conditions hereof; and provided further that Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs associated with the review, execution and delivery of documents in connection with such assignment, including without limitation attorneys’ fees.

Assignment to Financing Providers. Seller shall be permitted to assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) without with the prior written consent of Buyer, which consent shall not be unreasonably withheld. If Buyer gives its consent, then such consent shall be in a form substantially similar to the Buyer; provided that the financing provider(s), enter(s) into a Form of Consent to Assignment in the form attached hereto as Appendix VIII under which such financing provider(sXII, provided that (i) Buyer shall agree that upon exercising its rights not be required to assume the provide any additional representations or warranties beyond those contained in this Agreement, it shall be bound by the terms and conditions hereof; and provided further that (ii) Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs associated with the review, negotiation, execution and delivery of documents in connection with such assignment, including without limitation attorneys’ fees.