Delivery of Bonds. In order to provide the benefit of the lien of the Mortgage as security for the obligation of the Company to pay the Obligations, as aforesaid, the Company hereby delivers to the Agent Bonds in the aggregate principal amount of $400,000,000, maturing on April 18, 2022 (or such later date to which such Stated Maturity Date shall have been extended as provided in the Sixty-third Supplemental Indenture) and bearing interest as provided in the Sixty-third Supplemental Indenture. The obligation of the Company to pay the principal of and interest on the Bonds shall be deemed to have been satisfied and discharged in full or in part, as the case may be, to the extent of the 4845-8314-4892v.2 0088333-000202 payment by the Company of the Obligations, all as set forth in clause (f) of subsection (II) of Section 1 of Article I of the Sixty-third Supplemental Indenture and in the Bonds. The Bonds are registered in the name of the Agent and shall be owned and held by the Agent, subject to the provisions of this Agreement, for the benefit of the Lenders, and the Company shall have no interest therein. The Agent shall be entitled to exercise all rights of bondholders under the Mortgage with respect to the Bonds. The Agent hereby acknowledges that it has received the Bonds and has surrendered to the Trustee all of the Company’s First Mortgage Bonds, Collateral Series 2014A, held by the Agent.
Appears in 1 contract
Samples: Delivery Agreement (Avista Corp)
Delivery of Bonds. In order to provide the Bonds as evidence of (and through the Bonds the benefit of the lien Lien of the Mortgage as security for Indenture for) the obligation Obligations of the Company to pay under the Obligations, Credit Agreement as aforesaid, the Company hereby delivers to the Agent the Bonds in the aggregate principal amount of $400,000,000150,000,000, maturing on April 18the earlier of (a) September 9, 2022 (2009 or such later date to which such Stated Maturity Date shall have been extended as provided may be fixed as the “Termination Date” under and as defined in the Sixty-third Supplemental IndentureCredit Agreement and (b) the “FMB Release Date” (as defined in the Credit Agreement) and bearing interest as provided in the Sixty-third Supplemental Indenture. The obligation of the Company to pay the principal of and interest on the Bonds shall be deemed to have been satisfied and discharged in full or in part, as the case may be, to the extent of the 4845-8314-4892v.2 0088333-000202 payment by the Company of Obligations constituting principal of the Loans, Reimbursement Obligations, interest and/or fees payable under the Credit Agreement, all as set forth in clause (f) of subsection (II) of the Bonds and in Section 1 of Article I of the Sixty-third Supplemental Indenture and in the BondsIndenture. The Bonds are registered in the name of the Agent and shall be owned and held by the Agent, subject to the provisions of this Agreement, for the benefit of the LendersBanks, and the Company shall have no interest therein. The Agent shall be entitled to exercise all rights of bondholders under the Mortgage Indenture with respect to the Bonds. The Agent hereby acknowledges that it has received the Bonds and has surrendered to the Trustee all receipt of the Company’s First Mortgage Bonds, Collateral Series 2014A, held by the Agent.
Appears in 1 contract
Delivery of Bonds. In order to provide the benefit of the lien of the Mortgage as security for the obligation of the Company to pay the Obligations, as aforesaid, the Company hereby delivers to the Agent Bonds in the aggregate principal amount of $400,000,000, maturing on April 18, 2022 2019 (or such later date to which such Stated Maturity Date shall have been extended as provided in the SixtyFifty-third sixth Supplemental Indenture) and bearing interest as provided in the SixtyFifty-third sixth Supplemental Indenture. The obligation of the Company to pay the principal of and interest on the Bonds shall be deemed to have been satisfied and discharged in full or in part, as the case may be, to the extent of the 4845-8314-4892v.2 0088333-000202 payment by the Company of the Obligations, all as set forth in clause (fe) of subsection (II) of Section 1 of Article I of the SixtyFifty-third sixth Supplemental Indenture and in the Bonds. The Bonds are registered in the name of the Agent and shall be owned and held by the Agent, subject to the provisions of this Agreement, for the benefit of the Lenders, and the Company shall have no interest therein. The Agent shall be entitled to exercise all rights of bondholders under the Mortgage with respect to the Bonds. The Agent hereby acknowledges that it has received the Bonds and has surrendered to the Trustee all of the Company’s First Mortgage Bonds, Collateral Series 2014A2011A, held by the Agent.
Appears in 1 contract
Samples: Delivery Agreement (Avista Corp)
Delivery of Bonds. In order to provide the benefit of the lien of the Mortgage as security for the obligation of the Company to pay the Obligations, as aforesaid, the Company hereby delivers to the Agent Bonds in the aggregate principal amount of $400,000,000500,000,000, maturing on April 18June 8, 2022 2028 (or such later date to which such Stated Maturity Date shall have been extended as provided in the Sixty-third Sixty- eighth Supplemental Indenture) and bearing interest as provided in the Sixty-third eighth Supplemental Indenture. The obligation of the Company to pay the principal of and interest on the Bonds shall be deemed to have been satisfied and discharged in full or in part, as the case may be, to the extent of the 4845-8314-4892v.2 0088333-000202 payment by the Company of the Obligations, all as set forth in clause (f) of subsection (II) of Section 1 of Article I of the Sixty-third eighth Supplemental Indenture and in the Bonds. The Bonds are registered in the name of the Agent and shall be owned and held by the Agent, subject to the provisions of this Agreement, for the benefit of the Lenders, and the Company shall have no interest therein. The Agent shall be entitled to exercise all rights of bondholders under the Mortgage with respect to the Bonds. The Agent hereby acknowledges that it has received the Bonds and has surrendered to the Trustee all of the Company’s First Mortgage Bonds, Collateral Series 2014A, 2020A held by the Agent.
Appears in 1 contract
Delivery of Bonds. In order to provide the benefit of the lien of the Mortgage as security for the obligation of the Company to pay the Obligations, as aforesaid, the Company hereby delivers to the Agent Bonds in the aggregate principal amount of $400,000,000, maturing on April 18February 11, 2022 2015 (or such later date to which such Stated Maturity Date shall have been extended as provided in the SixtyFifty-third first Supplemental Indenture) and bearing interest as provided in the SixtyFifty-third first Supplemental Indenture. The obligation of the Company to pay the principal of and interest on the Bonds shall be deemed to have been satisfied and discharged in full or in part, as the case may be, to the extent of the 4845-8314-4892v.2 0088333-000202 payment by the Company of the Obligations, all as set forth in clause (fe) of subsection (II) of Section 1 of Article I of the SixtyFifty-third first Supplemental Indenture and in the Bonds. The Bonds are registered in the name of the Agent and shall be owned and held by the Agent, subject to the provisions of this Agreement, for the benefit of the LendersBanks, and the Company shall have no interest therein. The Agent shall be entitled to exercise all rights of bondholders under the Mortgage with respect to the Bonds. The Agent hereby acknowledges that it has received the Bonds and has surrendered to the Trustee all receipt of the Company’s First Mortgage Bonds, Collateral Series 2014A, held by the Agent.
Appears in 1 contract
Samples: Delivery Agreement (Avista Corp)