Defending Intangible Transition Property Against Claims Sample Clauses

Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the ICC or the State of Illinois of any of their obligations or duties under the Funding Law, any Funding Order or any Tariff and the Servicer agrees to take such legal or administrative actions, including defending against or instituting and pursuing legal actions and appearing or testifying at hearings or similar proceedings, as may be reasonably necessary to block or overturn any attempts to cause a repeal of, modification of or supplement to or judicial invalidation of, the Amendatory Act, the Funding Law or any Funding Order or the rights of holders of Intangible Transition Property, or the promulgation of any ICC Regulations, by legislative action or otherwise, that would be adverse to the Grantee, the Note Issuer or any Holders. The Servicer shall continue to impose IFCs (or equivalent amounts), collect IFCs (or equivalent amounts), and remit IFCs (or equivalent amounts), in accordance with this Agreement and to ensure that the IFCs (or equivalent amounts) are calculated and adjusted in accordance with the provisions hereof and that such amounts as so adjusted from time to time are deducted from Illinois Power's Applicable Rates and other charges in accordance with the Basic Documents continuing until the Retirement of the Notes, in each such case unless otherwise prohibited by law or by any court or regulatory order in effect at such time. The Servicer shall advance its own funds in order to institute any actions or proceedings described above, PROVIDED, HOWEVER, that the costs of any such action or proceeding shall be payable from IFC Collections as an Operating Expense in accordance with the priorities set forth in Section 8.02(d) of the Indenture. The Servicer's obligations pursuant to this Section 5.02 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to Section 8.02(d) of the Indenture may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
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Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the PUC or the Commonwealth of Pennsylvania of any of their obligations or duties under the Statute or the Qualified Rate Order with respect to the Intangible Transition Property. The costs of any such action shall be payable from ITC Collections as an Operating Expense in accordance with the Indenture at the time such costs are incurred. The Servicer's obligations pursuant to this Section 3.09 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to the Indenture may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
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Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the PUC or the Commonwealth of Pennsylvania of any of their obligations or duties under the Competition Act or the Qualified Rate Order with respect to the Intangible Transition Property. The costs of any such action reasonably allocated by the Servicer to the Serviced Intangible Transition Property shall be payable from ITC Collections as an Operating Expense in accordance with the Indenture. The Servicer's obligations pursuant to this Section 3.10 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to the Indenture may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
Sample 1
Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the PUC or the Commonwealth of Pennsylvania of any of their obligations or duties under the Statute or the Qualified Rate Orders with respect to the Intangible Transition Property. The costs of any such action reasonably allocated by the Servicer to the Serviced Intangible Transition Property, based on the ratio the Serviced Intangible Transition Property bears to the total Intangible Transition Property, shall be payable from ITC Collections as an Operating Expense in accordance with the Indentures and shall be allocated among the Issuers based on the ratio the outstanding principal amount of Transition Bonds issued by each such Issuer bears to the aggregate outstanding principal amount of Transition Bonds issued by all the Issuers at the time such costs are incurred. The Servicer's obligations pursuant to this Section 3.09 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to the Indentures may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
Sample 1Sample 2
Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the ICC or the State of Illinois of any of their obligations or duties under the Funding Law, any Funding Order or any Tariff and the Servicer agrees to take such legal or administrative actions, including defending against or instituting and pursuing legal actions and appearing or testifying at hearings or similar proceedings, as may be reasonably necessary to block or overturn any attempts to cause a repeal of, modification of or supplement to the Funding Law or any Funding Order or the rights of holders of Intangible Transition Property that would be adverse to the Grantee, the Note Issuer or any Holders. Unless expressly prohibited by law or by any court or regulatory order in effect at such time, the Servicer shall continue to impose, collect and remit IFCs in accordance with this Agreement during the pendency of any such action and continuing for so long as the Notes remain Outstanding. The Servicer shall advance its own funds in order to institute any actions or proceedings described above, PROVIDED, HOWEVER, that the costs of any such action or proceeding shall be payable from IFC Collections as an Operating Expense in accordance with the priorities set forth in Section 8.02(d) of the Indenture. The Servicer's obligations pursuant to this Section 5.02 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to Section 8.02(d) of the Indenture may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
Sample 1
Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the PUC or the Commonwealth of Pennsylvania of any of their obligations or duties under the Statute or the Qualified Rate Order with respect to the Intangible Transition Property. The costs of any such action reasonably allocated
Sample 1
Defending Intangible Transition Property Against Claims. The Servicer shall institute any action or proceeding necessary to compel performance by the PUC or the Commonwealth of Pennsylvania of any of their obligations or duties under the Statute or the Qualified Rate Order with respect to the Intangible Transition Property. The costs of any such action reasonably allocated by the Servicer to the Serviced Intangible Transition Property shall be payable from ITC Collections as an Operating Expense in accordance with the Indentures and shall be allocated among the Issuers based on their respective Percentages at the time such costs are incurred. The Servicer's obligations pursuant to this Section 3.09 shall survive and continue notwithstanding the fact that the payment of Operating Expenses pursuant to the Indentures may be delayed (it being understood that the Servicer may be required to advance its own funds to satisfy its obligations hereunder).
Sample 1
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Related to Defending Intangible Transition Property Against Claims

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  • CONTRACT (RIGHTS OF THIRD PARTIES ACT 1999

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  • Certain Additional Actions Regarding Intellectual Property If any Event of Default shall have occurred and be continuing, upon the written demand of the Collateral Agent, each Pledgor shall execute and deliver to the Collateral Agent an assignment or assignments of the registered Patents, Trademarks and/or Copyrights and Goodwill and such other documents as are necessary or appropriate to carry out the intent and purposes hereof. Within five (5) Business Days of written notice thereafter from the Collateral Agent, each Pledgor shall make available to the Collateral Agent, to the extent within such Pledgor’s power and authority, such personnel in such Pledgor’s employ on the date of the Event of Default as the Collateral Agent may reasonably designate to permit such Pledgor to continue, directly or indirectly, to produce, advertise and sell the products and services sold by such Pledgor under the registered Patents, Trademarks and/or Copyrights, and such persons shall be available to perform their prior functions on the Collateral Agent’s behalf.

  • Intellectual Property Matters A. Definitions

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