Common use of Assignment and Creation of Security Interest Clause in Contracts

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the Trustees, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (Entergy Mississippi Inc)

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Assignment and Creation of Security Interest. As security for (i) the due and punctual payment Bonds, (ii) upon the acceleration of the interest (includingBonds following an occurrence of an Event of Default, if and as defined in the Trust Indenture, the Company’s obligation to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, redeem the Twenty-first fourth Series Bonds Bonds, and (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (iiiii) the due and punctual payment of any other amounts which may become payable by the Company in connection with the Twenty-fourth Series Bonds and the Bonds, including but not limited to, all fees and costs, expenses and other amounts which that may become payable by the Company under the Indenture which Restated Mortgage and that are a charge on the trust estate thereunder thereunder, which is superior to the charge thereon for the benefit of the Twenty-first fourth Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i), (ii) and (iiiii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee and the Mortgage Trustee, and creates a security interest in favor of the TrusteesTrustee, for the benefit of the holders of the Bonds, and the Mortgage Trustee, for the benefit of the Trustee as sole holder of the Twenty-fourth Series Bonds, in all of the Company's ’s rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of Trustee, the Trustees)Mortgage Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and accept receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources, Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series Bonds, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) ), and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the TrusteesTrustees in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (Entergy Mississippi Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first seventh Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which that may become payable by the Company under the Indenture which Restated Mortgage and that are a charge on the trust estate thereunder thereunder, which is superior to the charge thereon for the benefit of the Twenty-first seventh Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee, and creates a security interest in favor of the TrusteesTrustee, for the benefit of the holders of the Twenty-seventh Series Bonds, in all of the Company's ’s rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx XxUnit No. 0 xx Xxxx Xx1 or Unit No. 02, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Affiliate Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx XxUnit No. 0 xxx Xxxx Xx1 and Unit No. 02, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and accept receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources, Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first third Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which that may become payable by the Company under the Indenture which Restated Mortgage and that are a charge on the trust estate thereunder thereunder, which is superior to the charge thereon for the benefit of the Twenty-first third Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee, and creates a security interest in favor of the TrusteesTrustee, in all of the Company's ’s rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and accept receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources, Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (iib) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsAmended and Restated Reimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, Administrating Bank and creates a security interest in favor of the TrusteesAdministrating Bank, for the benefit of the LOC Banks, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral")) .

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Twentieth Series Bonds (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Twentieth Series Bonds, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) ), and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the TrusteesTrustees in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first [______] Series Bonds (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first [______] Series Bonds, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) ), and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the TrusteesTrustees in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first second Series Bonds (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Restated Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first second Series Bonds, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee, and creates a security interest in favor of the TrusteesTrustee in, in (x) all of the Company's ’s rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company’s rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (Entergy Texas, Inc.)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsAmended and Restated Reimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesAdministrating Bank, and creates a security interest in favor of the TrusteesAdministrating Bank for the benefit of the LOC Banks in, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first sixth Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which that may become payable by the Company under the Indenture which Restated Mortgage and that are a charge on the trust estate thereunder thereunder, which is superior to the charge thereon for the benefit of the Twenty-first sixth Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee, and creates a security interest in favor of the TrusteesTrustee, for the benefit of the holders of the Twenty-sixth Series Bonds, in all of the Company's ’s rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and accept receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources, Inc)

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Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsAmended Reimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, Administrating Bank and creates a security interest in favor of the TrusteesAdministrating Bank, for the benefit of the LOC Banks, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsReimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesAdministrating Bank, and creates a security interest in favor of the TrusteesAdministrating Bank for the benefit of the LOC Banks in, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement and all advances made or advances to be made to the Company pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0Unit 1 or Unit 2, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0and Unit 2, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (Entergy Corp /De/)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first second Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Restated Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first second Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesTrustee, and creates a security interest in favor of the TrusteesTrustee, in all of the Company's ’s rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Trustee, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (Entergy Texas, Inc.)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsAmended Reimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the TrusteesAdministrating Bank, and creates a security interest in favor of the TrusteesAdministrating Bank for the benefit of the LOC Banks in, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Series Bonds Reimbursement Obligations (whether at maturitythe stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise), ) and (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Series BondsReimbursement Agreement, together in each case, case with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, Administrating Bank and creates a security interest in favor of the TrusteesAdministrating Bank, for the benefit of the LOC Banks, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid or to be paid caused to be paid, to the Company by Entergy pursuant to Section 4 1.4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0this Agreement, and (y) all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company (including, without limitation, all of the Company's rights to receive all moneys paid, or caused to be paid, or to be paid, or to be caused to be paid, to the Company by Entergy pursuant to Sections 1.2 and 1.3 of this Agreement), whether arising under the Availability this Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company Entergy to perform its obligations under the Availability Agreement or this AssignmentAgreement, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of the Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees)Administrating Bank, or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above in clause (y) being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Supplementary Capital Funds Agreement (Entergy Corp /De/)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first [ ] Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first [ ] Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the Trustees, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx Xx. 0 xx Xxxx Xx. 0, and all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx Xx. 0 xxx Xxxx Xx. 0, all to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources Inc)

Assignment and Creation of Security Interest. As security for (i) the due and punctual payment of the interest (including, if and to the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, on, and the principal of, the Twenty-first Twentieth Series Bonds (whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise), (ii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Indenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-first Twentieth Series Bonds, together in each case, with all costs of collection thereof (all such amounts referred to in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as "Obligations Secured Hereby"), the Company hereby assigns to the Trustees, and creates a security interest in favor of the Trustees, in all of the Company's rights to receive all moneys paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement or advances pursuant to Section 2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Xxxx XxUnit Nx. 0 xx Xxxx Xx. 0, and xxx all other claims, rights (but not obligations or duties), powers, privileges, interests and remedies of the Company, whether arising under the Availability Agreement or this Assignment or by statute or in law or in equity or otherwise, resulting from any failure by any System Operating Company to perform its obligations under the Availability Agreement or this Assignment, but only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Xxxx XxUnit Nx. 0 xxx Xxxx Xx. 0, all xxx to the extent, but only to the extent, required for the payment when due and payable of Obligations Secured Hereby, together in each case with full power and authority, in the name of the Trustees (or either of the Trustees), or the Company as assignor, or otherwise, to demand payment of, enforce, collect, receive and receipt for any and all of the foregoing (the rights, claims, powers, privileges, interests and remedies referred to above being hereinafter sometimes called the "Collateral").

Appears in 1 contract

Samples: Assignment of Availability Agreement (System Energy Resources Inc)

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