Resolution 97-6: 1997 Cable TV Franchisee
CONSENT RESOLUTION
AUTHORIZING THE TRANSFER
OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS
IN A CABLE TELEVISION FRANCHISEE
WHEREAS, the cable television franchise of County of DeKalb
(the "Franchise") is currently owner and operated by
Triax Associates I, L.P. ("Triax I"); and
WHEREAS, Triax I and Triax Midwest Associates, L.P.
("Triax Midwest") have entered into an Asset Purchase
Agreement dated February 25, 1997 (the "Agreement"),
and County of DeKalb (the "Authority") has received a
valid and complete request from Triax I for consent to the
assignment of the Franchise and the transfer of control of and
certain ownership interests in Triax I to Triax Midwest (the
"Transaction"); and
WHEREAS, the Authority has determined that it is in the best
interests of the community and residents thereof to consent to
the Transaction, and that Triax Midwest possesses the requisite
legal, technical and financial qualifications;
NOW, THEREFORE BE IT RESOLVED, that the Transaction is hereby
permitted and approved; and
BE IT RESOLVED FURTHER, that the Franchise is in full force
and effect without default thereunder by Triax I to the date
hereof in accordance with its terms and conditions as set forth
therein and that no breach or default has occurred or is
continuing under the Franchise; and
BE IT RESOLVED FURTHER, that Triax Midwest may, at any time
and from time to time, assign or grant or otherwise convey one or
more liens or security interests in its assets, including its
rights, obligations and benefits in and to the Franchise (the
"Collateral") to any lender providing financing to
Triax Midwest ("Secured Party"), from time to time, and
that the Authority agrees that consent to a transfer is hereby
deemed approved if the Collateral is assigned and transferred as
a result of a foreclosure.
BE IT RESOLVED FURTHER, that the consent to the Transaction
herein provided shall be effective upon and only effective
concurrent with the closing of the transactions described in the
Agreement.
Adopted this 28th day of April, 1997.
The Board of Commissioners of DeKalb County, State of IN
William C. Ort, President
Connie R. Miles, Vice-President
Don C. Kaufman, Member
ATTEST:
Mary Bowman, Auditor, DeKalb County, Indiana
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