Title
Adoption of Resolution granting consent to the transfer control of the Cable Television System from WideOpen West Holdings, LLC to Racecar Acquisition, LLC
Body
Whereas, WideOpen West Michigan, LLC (WOW!) is a current cable franchisee for the Local Franchise Authorities within the Intergovernmental Cable Communications Authority (ICCA); and
Whereas, WideOpen West Holdings, LLC and Racecar Acquisition, LLC submitted an application on December 27, 2005 for Franchise Authority Consent to the transfer of control of the cable television franchise; and,
Whereas, the Local Franchising Authority is relying upon such information as contained in the FCC Form 394 application, documents and additional information provided by WideOpen West Holdings, LLC and acted upon the application and such information for franchising authority consent. The Local Franchising Authority intends to consent to the transfer of control subject to the acceptance of the terms and conditions set forth herein with the hope that such consent is in the best interest of the local franchising authority.
Now Therefore, Be It Resolved as follows:
1. The Local Franchising Authority does hereby consent to the transfer of control of the franchisee from WideOpen West Holdings, LLC to Racecar Acquisition, LLC in the manner described in the Agreement and Plan of Merger dated December 13, 2005, subject to the following conditions precedent and conditions subsequent:
Conditions Precedent
a) The written representation by WideOpen West Michigan, LLC that it will promptly notify the Local Franchising Authority, in writing of any change in service or operation in the Local Franchising Authority's cable system and/or change in the personnel directly responsible for the operation of the Local Franchising Authority's system in contemplation of, or as a result of consummation of the Agreement and Plan of Merger; and
b) The prompt and proper remediation of all existing defaults under th...
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