Issuance of Additional Tax-Exempt Indenture Securities Sample Clauses

Issuance of Additional Tax-Exempt Indenture Securities. (a) The IDB may (subject to compliance with the provisions of Section 4.17), at the request of an Authorized Officer of the Company, authorize the issuance of additional Tax- Exempt Indenture Securities upon the terms and conditions provided herein and in the Tax-Exempt Indenture. Such additional Tax-Exempt Indenture Securities may be issued to provide funds to pay any one (1) or more of the following: (i) the costs of additions to the Tax-Exempt Project (including payment of costs permitted under the Alabama Act), (ii) the costs of making at any time or from time to time such substitutions, additions, repairs, modifications and improvements in, on, or to the Tax-Exempt Project authorized by the Alabama Act as the Company may deem necessary or desirable, (iii) the costs of refunding, to the extent permitted by Law, any outstanding Tax-Exempt Indenture Securities, (iv) the costs of the issuance and sale of such additional Tax-Exempt Indenture Securities and capitalized interest for such period and other costs reasonably related to such issuance (including the funding of any Tax-Exempt Debt Service Reserve Account established and created for the benefit of Holders of such additional Tax-Exempt Indenture Securities) as shall be agreed upon by the Company and the IDB and (v) the costs and other amounts contemplated by Section 4.17; provided, however, that (A) the terms of such additional Tax-Exempt Indenture Securities, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Mobile Energy Parties, (B) the IDB is not in default under the Tax-Exempt Indenture or any provision thereof and the Mobile Energy Parties are not in default under this Agreement or any provision hereof, and the issuance of such additional Tax-Exempt Indenture Securities will not constitute a default under this Agreement or cause any violation of the covenants or representations of the Mobile Energy Parties in this Agreement, (C) the Mobile Energy Parties and the IDB shall have entered into an amendment to this Agreement to provide (1) that, for all purposes of this Agreement, the Tax-Exempt Project shall include any facilities being financed by such additional Tax-Exempt Indenture Securities, (2) for such increase in the payments to be made by the Company to the IDB in such amounts as shall be necessary to pay the principal of and premium, if any, and interest on such additional Tax-Exempt Indentu...