Common use of NO ASSIGNMENT WITHOUT PERMISSION Clause in Contracts

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such approval may be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

Appears in 32 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

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NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such , which approval may only be denied at conditioned, if in the reasonable discretion of the Town if it determines that Town’s Commercially Reasonable judgement, the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto. Any assignment in violation of this provision is void.

Appears in 12 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such approval may be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that (i) the proposed assignee has at least the same financial ability as the Town Town, (ii) such assignment is in accordance with the Program approved by the Department, and (iii) such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

Appears in 8 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the TownCity. Such approval may be denied at the reasonable discretion of the Town City if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town City may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town City may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

Appears in 4 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement

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NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such City, which approval may only be denied at conditioned, if in the reasonable discretion of the Town if it determines that City’s Commercially Reasonable judgement, the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town City may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent. Competitive Supplier’s assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town City may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town City and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto. Any assignment in violation of this provision is void.

Appears in 2 contracts

Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement

NO ASSIGNMENT WITHOUT PERMISSION. Competitive Supplier shall not assign its rights and privileges under this ESA without the prior written approval of the Town. Such approval may be denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s 's corporate parent. Competitive Supplier’s 's assignee shall agree in writing to be bound by the terms and conditions of this ESA. The Town may assign this ESA without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same financial ability as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this ESA. The rights and obligations created by this ESA shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

Appears in 1 contract

Samples: Competitive Electric Service Agreement

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