2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT transfer or sale request that is subject to this Section 10.5 shall not be unreasonably withheld. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantec, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 10.5.3 The Grantee shall tile, in addition to all documents, larms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments or other documents relerred to therein which are necessary in order to understand the temlS thereof 10.5.3.2 A list detailing aJl documents tiled with any state or federal agency related to the transaction including, but not limited to, the MPlJC, the fCC, the fTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 10.5.3.3 Any othcr documents or infomlation related to the transaction as may be specifically requested by the City or the Commission. 10,5.4 The City or its designee shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 The Grantee shall reimburse the City and/or the Commission tar all the reasonable legal, administrative, and consulting costs and fees associated with the City's/Commission's reviewal' any request to transler. Nothing herein shall prevent the Grantee from negotiating partial Or complete payment of such costs and fees by the transleree. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. The parties agree that any payments from the Grantee hereunder do not constitute and are not part ofa Iranchise fee and fall within one or more of the exceptions to 47 U.S.C. ~ 542. 10.5.6 In no event shall a sale. transfer, corporate change or assignment of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the Grantee remaining, or (if other than the current Grantee) transferee 52 fl1