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HomeMy WebLinkAbout09914 RESOLUTION NO. 9914 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF AGREEMENT BY ASHLAND INC. TO AIR PRODUCTS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Consent To ,Assignment of the ,Agreement dated February'10, 1997 between the City of Pueblo and ,Ashland Chemical Company, a Division of,Ashland Inc., by,Ashland Inc. to ,Air Products, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Consent To ,Assignment of Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: July 28, 2003 BY: Al Gurule/Coucilperson APPROVED: Bill Sova/PRESIDENT OF THE CITY COUNCIL ATTESTED BY: Gina Dutcher/CITY CLERK Ashland Inc. July 2, 2003 City Manager City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 -- Re: Agreement dated February 10, 1997 by and between Pueblo, a municipal corporation and Ashland Chemical Company, a Division of Ashland Inc. (the "Agreement") Dear Sir or Madam: On June 30, 2003, Ashland Inc. ("Ashland") announced that it had entered into an agreement to sell its Electronic Chemicals Business to Air Products and Chemicals, Inc. ("Air Products"), a multi-billion dollar company. In connection with this transaction, certain contracts will be transferred to an Air Products or its designated affiliate. These materials are being provided to you for purposes of obtaining your Consent to this assignment as provided under the Agreement. I have enclosed the form of consent, for your signature, together with a serf-addressed return envelope for your convenience. A copy of the Agreement is also attached to the consent for your convenience. Please feel free to contact me with any questions you may have regarding this request. Thank you in advance for your prompt attention to these materials. Sincerely, Wendi M. Garverick Paralegal CONSENT TO ASSIGNMENT OF AGREEMENT In connection with the proposed sale by Ashland Inc. ("Ashland") of its Electronic Chemicals Business to Air Products and Chemicals, Inc. ("Air Products") (said sale being hereinafter referred to as the "Transaction"), the Undersigned hereby consents to the assignment by Ashland of all its right, title and interest in and to that certain agreement dated February 10, 1997, by and between Pueblo, a municipal corporation and Ashland Chemical Company, a Division of Ashland Ine, (the "agreement") to Air Products or its designated affiliate (hereinafter, the "agreement") on the express condition, however, that Assignee shall be liable for the prompt payment and performance of the covenants on the part of Ashland as mentioned in the Agreement, and that no further assignment of the Agreement shall be made without the prior written consent of the undersigned. Said consent will be contingent and effective upon the closing of the Transaction (the "Closing"). Dated this 28th day of July, 2003. PUEBLO, A MUNICIPAL CORPORATION By: Dr. Bill Sova Title: President of the City Council Attest: City Clerk