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 Reimbursement Obligations (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (b) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank and creates a security interest in favor of the Administrating 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 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 in clause (y) being hereinafter sometimes called the "Collateral") .

Appears in 1 contract

Samples: Reimbursement Agreement (System Energy Resources 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 redeem the extent permitted by law, interest on overdue principal, premium and interest) and premium, if any, onTwenty-fourth Series Bonds, and the principal of, the Reimbursement Obligations (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (biii) 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 Amended Restated Mortgage and Restated Reimbursement Agreementthat are a charge on the trust estate thereunder, which is superior to the charge thereon for the benefit of the Twenty-fourth Series Bonds, together in each case 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 Administrating Bank Trustee and the Mortgage Trustee, and creates a security interest in favor of the Administrating BankTrustee, for the benefit of the LOC Banksholders of the Bonds, and the Mortgage Trustee, for the benefit of the Trustee as sole holder of the Twenty-fourth Series Bonds, in (x) all of the Company's ’s rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustee, the 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 in clause (y) above being hereinafter sometimes called the "Collateral") ”).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank and creates a security interest in favor of the Administrating 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 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 in clause (y) being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Reimbursement 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 Reimbursement Obligations (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank Bank, and creates a security interest in favor of the Administrating Bank, Bank for the benefit of the LOC BanksBanks in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 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 in clause (y) above being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations Twenty-second Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-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 Administrating Bank Trustee, and creates a security interest in favor of the Administrating Bank, for the benefit of the LOC BanksTrustee, in (x) all of the Company's ’s rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustee, 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 in clause (y) above being hereinafter sometimes called the "Collateral") ”).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations Twenty-first Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating Bank, for the benefit of the LOC BanksTrustees, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustees (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 in clause (y) above being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations Twentieth Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating Bank, for the benefit of the LOC BanksTrustees, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe Availability Agreement or advances pursuant to Section 2.2(b) hereof, and (y) but only to the extent that such payments or advances are attributable to payments or advances with respect to Unit Nx. 0 xx Xxxx Xx. 0, xxx 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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, but so far as this clause (y) is concerned only to the extent that such claims, rights, powers, privileges, interests and remedies relate to Unit Nx. 0 xxx Xxxx Xx. 0, xxx 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 Administrating BankTrustees (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 in clause (y) above being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations Twenty-sixth Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which that may become payable by the Company under the Amended Restated Mortgage and Restated Reimbursement Agreementthat are a charge on the trust estate thereunder, which is superior to the charge thereon for the benefit of the Twenty-sixth 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 Administrating Bank Trustee, and creates a security interest in favor of the Administrating BankTrustee, for the benefit of the LOC Banksholders of the Twenty-sixth Series Bonds, in (x) all of the Company's ’s rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustee, 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 in clause (y) above being hereinafter sometimes called the "Collateral") ”).

Appears in 1 contract

Samples: Assignment of Availability Agreement, Consent and 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 Reimbursement Obligations [ ] Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the [ ] 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating Bank, for the benefit of the LOC BanksTrustees, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustees (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 in clause (y) 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 Reimbursement Obligations (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank Bank, and creates a security interest in favor of the Administrating Bank, Bank for the benefit of the LOC BanksBanks in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid to the Company pursuant to Section 4 of the Availability Agreement and all advances made or to be caused to be paid, made to the Company by Entergy pursuant to Section 1.4 of this Agreement2.2(b) hereof, but only to the extent that such payments or advances are attributable to payments or advances with respect to Unit 1 or Unit 2, 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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 0 and Unit 2, 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 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 in clause (y) 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 Reimbursement Obligations Twenty-second Series Bonds (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the Twenty-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 Administrating Bank Trustee, and creates a security interest in favor of the Administrating BankTrustee in, for the benefit of the LOC Banks, 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 ’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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 Administrating BankTrustee, 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 in clause (y) being hereinafter sometimes called the "Collateral") ”).

Appears in 1 contract

Samples: Funds Agreement (Entergy Texas, 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 Reimbursement Obligations (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank Bank, and creates a security interest in favor of the Administrating Bank, Bank for the benefit of the LOC BanksBanks in, in (x) all of the Company's rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 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 in clause (y) above being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Consent and 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 Reimbursement Obligations [______] Series Bonds (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the [______] 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating BankTrustees in, 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 Administrating BankTrustees (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 in clause (y) being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: 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 Reimbursement Obligations Twenty-first Series Bonds (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating BankTrustees in, 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 Administrating BankTrustees (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 in clause (y) being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: 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 Reimbursement Obligations (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement Agreement, 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 Administrating Bank and creates a security interest in favor of the Administrating 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 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 in clause (y) being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: Funds Agreement and Assignment (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 Reimbursement Obligations Twentieth Series Bonds (whether at the stated maturity thereof, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and (bii) the due and punctual payment of all fees and costs, expenses and other amounts which may become payable by the Company under the Amended and Restated Reimbursement AgreementIndenture which are a charge on the trust estate thereunder which is superior to the charge thereon for the benefit of the 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 Administrating Bank Trustees, and creates a security interest in favor of the Administrating BankTrustees in, 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 caused to be paid, to the Company by Entergy pursuant to Section 1.4 of this 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 this Agreement or by statute or in law or in equity or otherwise, resulting from any failure by Entergy to perform its obligations under this Agreement, but so far as this clause (y) is concerned 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 Administrating BankTrustees (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 in clause (y) being hereinafter sometimes called the "Collateral") ).

Appears in 1 contract

Samples: 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 Reimbursement Obligations Twenty-third Series Bonds (whether at the stated maturity thereofmaturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise) and ), (bii) the due and punctual payment of all fees and costs, expenses and other amounts which that may become payable by the Company under the Amended Restated Mortgage and Restated Reimbursement Agreementthat are a charge on the trust estate thereunder, which is superior to the charge thereon for the benefit of the Twenty-third 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 Administrating Bank Trustee, and creates a security interest in favor of the Administrating Bank, for the benefit of the LOC BanksTrustee, in (x) all of the Company's ’s rights to receive all moneys paid, or caused to be paid, paid or to be paid or to be caused to be paid, to the Company by Entergy pursuant to Section 1.4 4 of this Agreementthe 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 (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 Agreement or this Agreement Assignment or by statute or in law or in equity or otherwise, resulting from any failure by Entergy any System Operating Company to perform its obligations under the Availability Agreement or this AgreementAssignment, 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 Administrating BankTrustee, 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 in clause (y) above being hereinafter sometimes called the "Collateral") ”).

Appears in 1 contract

Samples: Consent and Agreement (System Energy Resources, Inc)

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