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