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HomeMy WebLinkAboutCC-09-18-00-02 Cable FranchiseRESOLUTION NO. CC-09-18-00-02 A RESOLUTION PROVIDING FOR THE CHANGE IN CONTROL OF A CALBE TELEVISION FRANCHISEE WHEREAS, the City of Cannel ("Franchising Authority") has granted a franchise to a subsidiary (the "Franchisee') of Time Warner Inc. ("TWI") to provide cable television services: WHEREAS, TWI and America Online, Inc. CAOL") have entered into an Agreement and Plan of Merger (the "Merger Agreement") dated as of January 10, 2000; WHEREAS, the Merger Agreement will result in a stock-for-stock merger (the "Transaction") in which TWI and AOL will merge with subsidiaries of a newly formed holding company; and WHEREAS, as a result of the Transaction both TWI and AOL will become wholly owned subsidiaries of the new company, AOL Time Wamer Inc.; and WHEREAS, the Franchising Authority has concluded the Transaction will result in a change of control of the Franchisee. NOW, THEREFORE, BE IT RESOLVED BY FRANCHISING AUTHORITY: To the extent required under the terms of the Franchise, the Franchising Authority authorizes and consents to any change in control of the Franchisee resulting from the Transaction. The Franchisee shall remain responsible for all obligations under the Franchise. The foregoing consent shall be effective upon the closing of the Transaction, provided that if the Franehising Authority has previously approved the assignment of the Franchise to form the current Franchisee to Consent Cablevision of Indianapolis, LP, and such transaction is consummated, this consent and resolution shall automatically become null and void. D:XFilesXResolutions\09-18-00-02.doc PASSED by the Common Council of the City of Carmel, Indiana this ]~thday of ~(~'~qckOY~ ,2000, byavoteof ~ ayesand O nays. Kevin Kirby COMMOlk/COUNCIL FOR THE CITY OF CARMEL N.L~.~d~l~,p~ · Veil nyder ilso~ ATTEST: Indiana the/~~ day of j~es~Brain~d, Mayofi~~ ATTEST: Diana L. Cordray,~C, Clerk-T~e~~'bL