HomeMy WebLinkAbout54-17 - Res. Rescinding Res. 69-12 Approving the Transfer of the Cable FranchiseRESOLUTION NO. 54 -1-7
RESOLUTION OF MASON COUNTY, WASHINGTON
RESCENDING RESOLUTION 69-12 AND
APPROVING THE TRANSFER OF THE CABLE FRANCHISE
WHEREAS, WaveDivision IV, LLC, a Washington limited liability company d/b/a Wave
("Franchisee") currently holds a franchise (the "Franchise") granted by Mason County, (the
"County") to own and operate a cable system in the County; and
WHEREAS, Franchisee is a wholly-owned subsidiary of WaveDivision Holdings, LLC, a
Delaware limited liability company ("WDH"); and
WHEREAS, on May 18, 2017, Radiate Holdco, LLC, a Delaware limited liability company
controlled by Radiate Holdings, L.P . ("Radiate Parent"), WDH, and Wave Holdco, LLC, a
Delaware limited liability company ("Wave Holdco"), the ultimate parent of WDH, entered into
a definitive security purchase agreement for Radiate Holdco, LLC to acquire Wave Holdco from
its current owners (the "Transaction"); and
WHEREAS, Radiate Parent and Wave Holdco have filed FCC Form 394 with the County
and have provided the County with all information regarding the Transaction required by
applicable law (collectively, the "Application"); and
WHEREAS, the County has reviewed the Application and has determined that (i) Radiate
Parent meets the legal, technical, and financial criteria to become the owner of Wave Holdco
and the indirect owner of Franchisee, and (ii) the Transaction is in the best interests of the
County.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: the Board of County Commissioners
of Mason County, Washington does hereby resolve:
1. The County consents to and approves of the Transaction to the extent required
by the terms of the Franchise and applicable law;
2. The County confirms that the Franchise is valid and outstanding and in full force
and effect and there are no defaults under the Franchise. Subject to compliance
with the terms of this Resolution, any action necessary with respect to the
Transaction has been duly and validly taken;
3. To the best of the County's knowledge and belief, there are no existing facts or
circumstances that with or without the giving of notice or the passage of time, or
both, would constitute a default of any term or condition of the Franchise .
4. Effective upon the closing of the Transaction, the Franchisee shall remain
responsible for any obligations and liabilities under the Franchise.
5. This Resolution is adopted and approved in accordance with all applicable notice
and procedure requirements under all laws applicable to the County, and with all
applicable notice and procedure requirements. This Resolution shall take effect
upon its passage in accordance with applicable law.
1
Mason County 1
Resolution No. ~4-\
ATTEST :
APPROVED AS TO FORM
C ~=------= Tim Whiteead,Chief Deputy
Prosecuting Attorney
I 2017,
BOARD OF COUNTY COMMISSIONERS
MASON COU ASHINGTON
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Terri Drexler, commissioner