Model Consent to Assignment for Project Finance Transactions

08/01/2012

Mr. Cohen was the primary editor/author of the "Model Consent to Assignment for Project Finance Transactions" (with Commentary) published in The Business Lawyer, Vol. 67, August 2012. The model Consent to Assignment and accompanying commentary have been prepared by the Project Finance and Development Committee of the American Bar Association’s Section of Business Law as a reference available for use by practitioners when negotiating and documenting the terms of a project finance transaction requiring such an agreement.

The commentary is intended to provide an understanding of the constituent elements of the model Consent to Assignment, how those elements work together as a whole, and, where appropriate, why they are used. This form is normative and is intended only as a point of departure for the drafter. It is expected that practitioners will revise the form to address the specific circumstances of each transaction (including the degree of experience and relative bargaining power of the contracting parties) and of the underlying contract to which the Consent to Assignment relates (including provisions of the contract that are identified during the due diligence process to be of concern to the lenders).

Excerpted from American Bar Association Business Law Section's The Business Lawyer, August 2012, Vol. 67, No. 4. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

To read the full article, click on the PDF linked below.

PDF - Model-Consent-to-Assignment.pdf

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