Common use of Appointment of the Indenture Trustee as Attorney; Further Assurances Clause in Contracts

Appointment of the Indenture Trustee as Attorney; Further Assurances. The Owner Lessor hereby constitutes the Indenture Trustee the true and lawful attorney of the Owner Lessor irrevocably with full power as long as the Lease Indenture is in effect (in the name of the Owner Lessor or otherwise) to ask, require, demand, receive, compound and give acquittance for any and all moneys and claims for moneys due and to become due under or arising out of the Assigned Documents (except to the extent that such moneys and claims constitute Excepted Payments), to endorse any checks or other instruments or orders in connection therewith, to make all such demands and to give all such notices as are permitted by the terms of the Facility Lease to be made or given by the Owner Lessor upon the occurrence and continuance of a Lease Event of Default, to enforce compliance by the Facility Lessee with all terms and provisions of the Facility Lease (except as otherwise provided in Sections 4.3 and 5.6 hereof), and to file any claims or take any action or institute any proceedings which the Indenture Trustee may request in the premises.

Appears in 3 contracts

Samples: Indenture of Trust, Mortgage and Security Agreement (Calpine Corp), Indenture of Trust, Mortgage and Security Agreement (Calpine Corp), Indenture of Trust, Mortgage and Security Agreement (Calpine Corp)

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Appointment of the Indenture Trustee as Attorney; Further Assurances. The Owner Lessor Trust hereby constitutes appoints the Indenture Trustee the true and lawful attorney of the Owner Lessor Trust irrevocably with full power as long as the Lease Indenture is in effect (in the name of the Owner Lessor Trust or otherwise) to ask, require, demand, receive, compound and give acquittance for any and all moneys and claims for moneys due and to become due under or arising out of the Assigned Documents (except to the extent that such moneys and claims constitute Excepted Payments), to endorse any checks or other instruments or orders in connection therewith, to make all such demands and to give all such notices as are permitted by the terms of the Facility Lease to be made or given by the Owner Lessor Trust upon the occurrence and continuance of a Lease Material Default or a Lease Event of Default, to enforce compliance by the Facility Lessee with all terms and provisions of the Facility Lease (except as otherwise provided in Sections 4.3 and 5.6 hereof5.6), and to file any claims or take any action or institute any proceedings which the Indenture Trustee may request in the premises.

Appears in 2 contracts

Samples: Indenture of Trust and Security Agreement (Aes Eastern Energy Lp), Indenture of Trust and Security Agreement (Aes Eastern Energy Lp)

Appointment of the Indenture Trustee as Attorney; Further Assurances. The Owner Lessor hereby constitutes the Indenture Trustee the true and lawful attorney of the Owner Lessor irrevocably with full power as long as the Lease Indenture is in effect (in the name of the Owner Lessor or otherwise) to ask, require, demand, receive, compound and give acquittance for any and all moneys and claims for moneys due and to become due under or arising out of the Assigned Documents (except to the extent that such moneys and claims constitute Excepted Payments), to endorse any checks or other instruments or orders in connection therewith, to make all such demands and to give all such notices as are permitted by the terms of the Facility Lease to be made or given by the Owner Lessor upon the occurrence and continuance of a Lease Event of Default, to enforce compliance by the Facility Lessee Lessees with all terms and provisions of the Facility Lease Leases (except as otherwise provided in Sections 4.3 and 5.6 hereof), and to file any claims or take any action or institute any proceedings which the Indenture Trustee may request in the premises.

Appears in 1 contract

Samples: Open End Mortgage (Calpine Corp)

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Appointment of the Indenture Trustee as Attorney; Further Assurances. The Owner Lessor hereby constitutes the Indenture Trustee the true and lawful attorney of the Owner Lessor irrevocably with full power as long as the Lease Indenture is in effect (in the name of the Owner Lessor or otherwise) to ask, require, demand, receive, compound and give acquittance for any and all moneys and claims for moneys due and to become due under or arising out of the Assigned Documents (except to the extent that such moneys and claims constitute Excepted Payments), to endorse any checks or other instruments or orders in connection therewith, to make all such demands and to give all such notices as are permitted by the terms of the Facility Lease to be made or given by the Owner Lessor upon the occurrence and continuance of a Lease Event of Default, to enforce compliance by the Facility Lessee with all terms and provisions of the Facility Lease (except as otherwise provided in Sections 4.3 and 5.6 hereof), and to file any claims or take any action or institute any proceedings which the Indenture Trustee may request in the premises.

Appears in 1 contract

Samples: Security Agreement (Firstenergy Corp)

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