HomeMy Public PortalAbout008-1998RESOLUTION NO._ - loo
RESOLUTION OF THE CITY OF RICHMOND, INDIANA
APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANC
WHEREAS, TCI of Indiana, Inc. ("Franchisee") RISE
system ( "System ") in the City Of c see) owns, operates, and maintains a cable television
Franchise Agreement dated November 20, 1991 a Indian o Franchise Authority
December 16, 1991 (the "Franchise PP ved b �'��)' Pursuant to a
"), and Franchisee i
Franchise; and s the duly au thoriz ed older of the
dated
WHEREAS, Franchisee, Insight Communications Company "In
Communications of Indiana, LLC ( "Transferee "), together with certain other and Insight
Parties to an Asset Contribution Agreement and an O Cher Pursuant other related Parties, are
System and the Franchise P g Agreement
(after one or more intermediate transfers pursuant o an n y
tercom an e
restructuring of Franchisee) will be transferred to Transferee (the "Transfers");
WHEREAS, Franchisee and Transferee have requested )� and
the Transfers in accordance with the requirements of the Franc Franchise Authority to
394 with the Franchise Authority; and have filed an FCC Form
WHEREAS, the Franchise Authority has investigated the qualifications
it to be a suitable transferee; ns of Transferee and finds
NOW THEREFORE BE IT RESOLVED BY THE
FOLLOWS: FRANCHISE
AUTHORITY AS
SECTION I. The Franchise Authority hereby consents to the Tra ns f ers,
the terms of the Franchise, ers, all in accordance with
SECTION 2. The Franchise Authority confirms that (a) the Franchise
transferred to Franchisee b was properly granted or
()the Franchise is currently in full force and effect and will expire on
January 7, 2008, subject to options in the Franchise, if any, to extend such to
supersedes all other agreements between the arties d, (c) the Franchise
understanding of the P () the Franchise represents the entire
Parties and Franchisee has no obligations to the Franchise Authority other
than those specifically stated in the Franchise, and (e) Franchisee is material in
with the provisions of the Franchise and there exists no fact or circumstance known compliance
Franchise Authority which constitutes or which, with the passage of time or known to the
or both, would constitute a material default or breach under the Franchise or we giving of notice
Franchise Authority to cancel or terminate the rights thereunder. Quid allow the
SECTION 3. Transferee may transfer the Franchise or control related there
controlling, controlled by, or under common control with Transferee, to to any entity
SECTION 4. The Franchise Authority hereby consents to and approves the assignment
mortgage, pledge, or other encumbrance, if any, of the Franchise, the System, or assets relating
thereto, as collateral for a loan. g
SECTION 5. This Resolution shall be deemed effective upon the closing of the Transfers (the
Closing Date ").
SECTION 6. The Franchise Authority hereby waives its right of first refusal pursuant to
Section 12.03 of the Franchise with respect to the Transfers.
SECTION 7. The Franchise Authority releases Franchisee, effective upon the Closing ,
from all obligations and liabilities under the Franchise that accrue on and after the Closing a Da
Provided that Transferee shall be responsible for any obligations and liabilities under the te,
Franchise that accrue on and after the Closing Date.
SECTION S. This Resolution shall have the force of a continuing agreement with Franchise
and Transferee, and Franchise Authority shall not amend or otherwise alter this Resolution e
without the consent of Franchisee and Transferee.
PASSED, ADOPTED AND APPROVED this ` day of c_
�' � , 1998.
By.
ATTEST:
Cie
* * * * * * * * * * * * * **
I, the undersigned, being the duly appointed, qualified and acting Clerk of the Ci of Ric
Indiana, hereby certify that the foregoing Resolution No. �' hmond,
as duly and lawfull is a true, correct and accurate copy
y passed and adopted by the governing body of the City on the e "` of
�' _ , 1998.
-2-