Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or record, if not already filed or recorded, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor shall authorize, execute, file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 4 contracts
Samples: Calpine Corp, Calpine Corp, Calpine Corp
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp), Mortgage and Security Agreement (Calpine Corp)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 5.11 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Lease Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Lease Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Lease Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Lease Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Lease Indenture Trustee, the Owner Lessor shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Lease Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.Trustee
Appears in 1 contract
Samples: Trust, Mortgage and Security Agreement (PPL Montana LLC)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 5.9 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Lease Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Lease Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Lease Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Lease Indenture Trustee may reasonably request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Lease Indenture Trustee, the Owner Lessor shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Lease Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Lease Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Samples: Leases and Rents and Security Agreement (Dynegy Danskammer LLC)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has Lessees have covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility LesseeLessees, as provided in the Participation Agreement, execute and deliver to the Facility Lessee Lessees and the Facility Lessee Lessees will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility LesseeLessees. At any time and from time to time, upon the request of the Facility Lessee Lessees or the Indenture Trustee, at the expense of the Facility Lessee Lessees (and upon receipt of the form of document so to be executed), the Owner Lessor shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee Lessees or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee Lessees or the Indenture Trustee, the Owner Lessor shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 5.5(s) of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor Trustee shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor Trustee shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor Trustee will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be so tobe filed). Neither the Indenture Trustee nor, except Except as otherwise herein expressly provided, the neither Indenture Trustee nor Owner Lessor Trustee shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Samples: Second Supplemental Participation Agreement (Oglethorpe Power Corp)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor Trust shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor Trust shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor Trust will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document so to be filed). Neither the Indenture Trustee nor, except Except as otherwise herein expressly provided, neither the Indenture Trustee nor the Owner Lessor Trust shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Samples: Indenture of Trust and Security Agreement (Aes Eastern Energy Lp)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 10(b) (2) of the Participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien lien of this Indenture on the Lease Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written the- request and expense of the Facility Lessee, Lessee as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements statements~or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien lien created by under this Indenture in the Lease Indenture Estate as may be supplied necessary to protect, perfect and preserve the Indenture Trustee by the Facility Lesseelien created under this Indenture. - At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee as provided in the Participation Agreement (and upon receipt of the form of document so to be executed), the Owner Lessor Trustee shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may reasonably request in obtaining order for the Indenture Trustee to obtain the full benefits of the security interest interest, assignment and assignment mortgage created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which whAch instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor Trustee shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any certificate of title or any other document document, in each case relating to the security interest interest, assignment and assignment mortgage created by this Indenture Indenture, as may be specified in such instructions. In Zn addition, the Indenture Trustee and the Owner Lessor Trustee will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.to
Appears in 1 contract
Samples: Assumption Agreement (Public Service Co of New Mexico)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 of the Participation Agreement, the Facility Lessee has covenanted to maintain 35 40 the priority of the Lien of this Indenture on the Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, as provided in the Participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien created by this Indenture in the Indenture Estate as may be supplied to the Indenture Trustee by the Facility Lessee. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee (and upon receipt of the form of document so to be executed), the Owner Lessor Trust shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may request in obtaining the full benefits of the security interest and assignment created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor Trust shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any other document relating to the security interest and assignment created by this Indenture as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor Trust will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien created by this Indenture in the Indenture Estate as may be specified from time to time in written instructions of any Noteholder (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document so to be filed). Neither the Indenture Trustee nor, except Except as otherwise herein expressly provided, neither the Indenture Trustee nor the Owner Lessor Trust shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Samples: Trust and Security Agreement (Aes Eastern Energy Lp)
Filing of Financing Statements and Continuation Statements. Pursuant to Section 5.10 l0(b)(2) of the Participation participation Agreement, the Facility Lessee has covenanted to maintain the priority of the Lien lien of this Indenture on the Lease Indenture Estate. The Owner Lessor hereby expressly authorizes the Indenture Trustee to prepare, file, record, obtain, execute and deliver, from time to time, such financing statements, continuation statements, control agreements and recognition agreements as Indenture Trustee shall deem appropriate. The Owner Lessor hereby further authorizes any account holder or bank or financial institution to execute and deliver from time to time such control agreements and recognition agreements as shall be requested or required by Indenture Trustee. The Indenture Trustee shall, at the written request and expense of the Facility Lessee, Lessee as provided in the Participation participation Agreement, execute and deliver to the Facility Lessee and the Facility Lessee will file or recordfile, if not already filed or recordedfiled, such financing statements or other documents and such continuation statements or other documents with respect to financing statements or other documents previously filed relating to the Lien lien created by under this Indenture in the Indenture Estate Lease Xxxxxxxxx Xxxxxx as may be supplied necessary to protect, perfect and preserve the Indenture Trustee by the Facility Lesseelien created under this Indenture. At any time and from time to time, upon the request of the Facility Lessee or the Indenture Trustee, at the expense of the Facility Lessee as provided in the Participation Agreement (and upon receipt of the form of document so to be executed)) , the Owner Lessor Trustee shall promptly and duly execute and deliver any and all such further instruments and documents as the Facility Lessee or the Indenture Trustee may reasonably request in obtaining order for the Indenture Trustee to obtain the full benefits of the security interest interest, assignment and assignment mortgage created or intended to be created hereby and of the rights and powers herein granted. Upon the reasonable instructions (which instructions shall be accompanied by the form of document to be filed) at any time and from time to time of the Facility Lessee or the Indenture Trustee, the Owner Lessor Trustee shall authorize, execute, execute and file or record any financing statement (and any continuation statement with respect to any such financing statement), and any certificate of title or any other document document, in each case relating to the security interest interest, assignment and assignment mortgage created by this Indenture Indenture, as may be specified in such instructions. In addition, the Indenture Trustee and the Owner Lessor Trustee will authorize or execute such continuation statements with respect to financing statements and other documents relating to the Lien lien created by under this Indenture in the Lease Indenture Estate as may be reasonably specified from time to time in written instructions of any Noteholder Holder of a Note (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the form of such continuation statement or other document so to be filed). Neither the Indenture Trustee nor, except as otherwise herein expressly provided, the Owner Lessor shall have responsibility for the protection, perfection or preservation of the Lien created by this Indenture.
Appears in 1 contract
Samples: Public Service Co of New Mexico