Template:IETA Master Agreement 16

Revision as of 13:02, 12 July 2023 by Amwelladmin (talk | contribs) (Created page with "{{ietaprov|16}} '''{{ietaprov|Assignment}}'''<br> {{ietaprov|16.1}} '''{{ietaprov|Prohibition of Assignment}}'''. Subject to Clause {{ietaprov|16.2}} (''{{ietaprov|Assignment of Termination Payments}}''), neither Party may assign or transfer to any person any of its rights or obligations in respect of this {{ietaprov|Agreement}} without the written consent of the other Party (which consent shall not be unreasonably withheld or delayed). For these purposes, it shall be un...")
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16 Assignment
16.1 Prohibition of Assignment. Subject to Clause 16.2 (Assignment of Termination Payments), neither Party may assign or transfer to any person any of its rights or obligations in respect of this Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or delayed). For these purposes, it shall be unreasonable to withhold consent to an assignment or transfer of all, but not part only, of a Party’s rights and obligations in the case of an assignee or transferee that (a) is demonstrably capable of fulfilling the obligations of the assignor or transferor under this Agreement; (b) has a financial standing no worse than that of the assignor or transferor at the date such person becomes a party to this Agreement and as of the date it entered into the relevant Transactions; (c) is demonstrably capable of continuing to provide security and/or performance assurance at least equal to that provided (or required to be provided) by the assignor or transferor; (d) has its registered office in the same jurisdiction as that of the assignor or transferor; and (e) only if reasonably requested by the other Party, cooperates with and provides the necessary documentation to fulfill any know your customer or anti-money laundering requirements of the other Party.
16.2 Assignment of Termination Payments. A Party may assign all or any part of its interest in any Termination Payment payable to it under Clause 14.6 (Termination Payments) together with any amounts payable on or with respect to that interest pursuant to Clauses 9.5 (Interest) and 10 (Euros) without the consent of the other Party.