Common use of Consent and Agreement of Entergy Clause in Contracts

Consent and Agreement of Entergy. (a) Entergy hereby consents to the foregoing assignment and agrees with the Trustees to make payments to the Corporate Trustee in the amounts and in the manner specified in Section 5.3 at principal corporate trust office of the Corporate Trustee in New York City, New York, which is presently located at 000 Xxxxxxx Xxxxxx, 8W, New York, New York 10286. (b) Subject to the provisions of Section 2.4 hereof, Entergy agrees that all payments made to the Corporate Trustee or to the Company as contemplated by Sections 5.3 and 5.4 shall be final as between Entergy and the Corporate Trustee or the Company, as the case may be, and that Entergy will not seek to recover from the Corporate Trustee for any reason whatsoever any moneys paid to the Corporate Trustee by virtue of this Agreement, but the finality of any such payment shall not prevent the recovery of any overpayments or mistaken payments which may be made by Entergy unless a Default has occurred and is continuing, in which case any such overpayment or mistaken payment shall not be recoverable but shall constitute Subordinated Indebtedness of the Company to Entergy.

Appears in 2 contracts

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

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Consent and Agreement of Entergy. (a) Entergy hereby consents to the foregoing assignment and agrees with the Trustees Trustee to make payments to the Corporate Trustee in the amounts and in the manner specified in Section 5.3 at the principal corporate trust office of the Corporate Trustee in New York City, New York, which is presently located at 000 100 Xxxxxxx Xxxxxx, 8W, New York, New York 10286. (b) Subject to the provisions of Section 2.4 hereof, Entergy agrees that all payments made to the Corporate Trustee or to the Company as contemplated by Sections 5.3 and 5.4 shall be final as between Entergy and the Corporate Trustee or the Company, as the case may be, and that Entergy will not seek to recover from the Corporate Trustee for any reason whatsoever any moneys paid to the Corporate Trustee by virtue of this Agreement, but the finality of any such payment shall not prevent the recovery of any overpayments or mistaken payments which may be made by Entergy unless a an Event of Default (as defined in the Restated Indenture) has occurred and is continuing, in which case any such overpayment or mistaken payment shall not be recoverable but shall constitute Subordinated Indebtedness of the Company to Entergy.

Appears in 1 contract

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

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Consent and Agreement of Entergy. (a) Entergy hereby consents to the foregoing assignment and agrees with the Trustees to make payments to the Corporate Trustee in the amounts and in the manner specified in Section 5.3 at principal corporate trust office of the Corporate Trustee in New York City, New York, which is presently located at 000 Xxxxxxx 101 Baxxxxx Xxxxxx, 8W, New York, New York 10286. (b) Subject to the provisions of Section 2.4 hereof, Entergy agrees that all payments made to the Corporate Trustee or to the Company as contemplated by Sections 5.3 and 5.4 shall be final as between Entergy and the Corporate Trustee or the Company, as the case may be, and that Entergy will not seek to recover from the Corporate Trustee for any reason whatsoever any moneys paid to the Corporate Trustee by virtue of this Agreement, but the finality of any such payment shall not prevent the recovery of any overpayments or mistaken payments which may be made by Entergy unless a Default has occurred and is continuing, in which case any such overpayment or mistaken payment shall not be recoverable but shall constitute Subordinated Indebtedness of the Company to Entergy.

Appears in 1 contract

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

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