Dispositions without Release Sample Clauses
Dispositions without Release. With respect to any Mortgaged Property or any interest therein, unless an Event of Default shall have occurred and be continuing, the Company may at any time and from time to time, without any release or consent by, or report to, the Trustee:
(a) sell or otherwise dispose of, free from the lien of this Indenture, any machinery, equipment, apparatus, towers, transformers, poles, lines, cables, conduits, ducts, conductors, meters, regulators, holders, tanks, retorts, purifiers, odorizers, scrubbers, compressors, valves, pumps, mains, pipes, service pipes, fittings, connections, services, tools, implements, computers, data processing, data storage, data transmission or telecommunications equipment, or any other fixtures or personalty, then subject to the lien hereof, which shall have become old, inadequate, obsolete, worn out, unfit, unadapted, unserviceable, undesirable or unnecessary for use in the operations of the Company upon replacing the same by, or substituting for the same, similar or analogous property, or other property performing a similar or analogous function or otherwise obviating the need therefor (provided, that such similar, analogous or other property constitutes Unfunded Property), having a Cost in the aggregate to the Company at least equal to the Cost in the aggregate of the property sold or otherwise disposed of and subject to the lien hereof, subject to no Liens prior hereto except Permitted Liens and any other Liens to which the property sold or otherwise disposed of was subject;
(b) cancel or make changes or alterations in or substitutions for any and all easements, servitudes, rights-of-way and similar rights and/or interests which are subject to the lien hereof; and
(c) grant, free from the lien of this Indenture, easements, ground leases or rights-of-way in, upon, over and/or across the property or rights-of-way of the Company for the purpose of roads, pipe lines, transmission lines, distribution lines, communication lines, railways, removal of coal or other minerals or timber, and other like purposes, or for the joint or common use of real property, rights-of-way, facilities and/or equipment; provided, however, that such grant shall not materially impair the use of the property or rights-of-way for the purposes for which such property or rights-of-way are held by the Company. The Trustee shall, from time to time, execute a written instrument with respect to any particular action taken by the Company under this Section in order to...
Dispositions without Release. Unless an Event of Default shall have occurred and be continuing, the Company may at any time and from time to time, without any release or consent by, or report to, the Trustee:
(a) sell or otherwise dispose of, free from the Lien of this Indenture, or abandon or otherwise retire, any machinery, apparatus, equipment, frames, towers, poles, wire, pipe, cable, conduit, mains, tubes, drains, valves, tools, or implements, or any other fixture or personality, then subject to the Lien hereof, which shall have become inadequate, obsolete, worn out, unfit, or unserviceable or, provided that (at the time of any sale or disposal) the bonding test ratio specified in Section 8.03 is satisfied, shall have become undesirable or unnecessary for use in the Primary Purposes of the Company’s Business;
(b) cancel or make changes in or alterations of or substitutions for any and all leases;
(c) alter, change the location of, add to, repair and replace any and all transmission and distribution lines, pipes, substations, machinery, fixtures and other equipment;
(d) cancel, make changes in or substitutions for or dispose of any and all rights of way (including easements and licenses);
(e) surrender or assent to the modification of any franchise (including in that term any ordinances, indeterminate permits, licenses or other operating rights, however denominated, granted by federal, state, municipal or other governmental authority) under which the Company may be operating if, in the judgment of the Company, it is advisable to do so;
(f) abandon, or permit the abandonment of, the operation of any Mortgaged Property and surrender any franchise (as defined in Section 8.02(e)) under which such Mortgaged Property is operated, if, in the judgment of the Company, the operation of such Mortgaged Property and such franchise is not, under the circumstances, necessary or important for the operation of the remaining Mortgaged Property, or whenever the Company deems such abandonment or surrender to be advisable for any reason; provided, however, that if the amount at which such Mortgaged Property and all other Mortgaged Property so abandoned or surrendered during the same calendar year was originally charged to the fixed property accounts of the Company is equal to 10% or more of the sum of (x) the aggregate principal amount of Bonds then Outstanding and (y) the aggregate principal amount of Class “A” Bonds then Outstanding (other than Pledged Bonds) immediately prior to such abandonment or ...
Dispositions without Release. Unless an Event of Default shall have occurred and be continuing, the Company may at any time and from time to time, without any release or consent by, or report to, the Trustee:
Dispositions without Release. 69 Section 8.03. Release of Funded Property...................................................... 70 Section 8.04. Release of Property Constituting Unfunded Property.............................. 74 Section 8.05. Release of Properties Within Annual Limits...................................... 75 Section 8.06. Purchase Money Obligations...................................................... 76 Section 8.07. Withdrawal or Other Application of Funded Cash.................................. 77 Section 8.08. Release of Property Taken by Eminent Domain, etc................................ 79 Section 8.09. Disclaimer or Quitclaim......................................................... 79 Section 8.10. Miscellaneous................................................................... 80 Section 8.11. Priority of Purchase Money Liens................................................ 81 Section 8.12. Release Date.................................................................... 81 ARTICLE
