Guidance Note - The Project Owner needs to consider whether it is appropriate that all of the NOPs under the Agreement will be subject to the requirements of this clause 29.10. For example, there may be some alliances where other State Government Agencies or State Government owned entities are NOPs in the alliance. In these circumstances, the Project Owner will need to determine whether it is appropriate that any Change in Control in any of these agencies or entities will be subject to the Project Owner's approval. |
(a) Each NOP must ensure that there is no Change in Control in respect of it or any of the providers of the parent company guarantees to be provided under clause 26.5 without the Project Owner's prior written approval (which must not be unreasonably withheld).
(b) Without limiting clause 29.10(a), in the event of a proposed Change in Control occurring, the relevant NOP must:
(1) provide the Project Owner with any documentation or information requested by the Project Owner in respect of the proposed Change in Control (including information in respect of the financial and technical capability of the third party acquiring or exercising control over the relevant NOP); and
(2) attend any meetings requested by the Project Owner including arranging for attendance at those meetings by the third party acquiring or exercising control over the relevant NOP.