Common use of Defending Intangible Transition Property Against Claims Clause in Contracts

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 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).

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 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, of the Amendatory Act, the Funding Law Act 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, Property 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 PowerComEd'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 expressly 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, HOWEVERhowever, 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).

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).

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 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, of the Amendatory Act, the Funding Law Act 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, Property 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 deducted from Illinois PowerComEd'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 expressly 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, HOWEVERhowever, 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).