Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), shall be asserted or filed against any amount paid or payable by the Company under or pursuant to this Agreement or any order (whether or not valid) of any court shall be entered with respect to any such amount by virtue of any claim of any kind, in either case so as to: (a) interfere with the due payment of such amount to the Trustee or the due application of such amount by the Trustee pursuant to the applicable provisions of the Indenture, (b) subject the holders of the Bonds to any obligation to refund any moneys applied to payment of the Bonds, or (c) result in the refusal of the Trustee to make such due application because of its reasonable determination that liability might be incurred if such due application were to be made, then the Company will promptly take such action (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference, such obligation or such refusal, as the case may be.
Appears in 3 contracts
Samples: Loan Agreement (Cleco Corp), Loan Agreement (Cleco Corp), Loan Agreement (Cleco Power LLC)
Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), shall be asserted or filed against any amount paid or payable by the Company under or pursuant to this Agreement or any order (whether or not valid) of any court shall be entered with respect to any such amount by virtue of any claim of any kind, in either case so as to:
(a) interfere with the due payment of such amount to the Trustee or the due application of such amount by amountby the Trustee pursuant to the applicable provisions of the Indenture,
(b) subject the holders of the Bonds to any obligation to refund any moneys applied to payment of the Bonds, or
(c) result in the refusal of the Trustee to make such due application because of its reasonable determination that liability might be incurred if such due application were to be made, then the Company will promptly take such action (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference, such obligation or such refusal, as the case may be.
Appears in 2 contracts
Samples: Loan Agreement (Cleco Power LLC), Loan Agreement (Cleco Corp)
Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), ) shall be asserted or filed against the Trust Estate, or any amount paid or payable by the Company under or pursuant to this Agreement or any order (whether or not valid) of any court shall be entered with respect to the Trust Estate, or any such amount by virtue of any claim of any kind, in either case so as to:
(a) interfere with the due payment of such amount to the Trustee or the due application of such amount by the Trustee pursuant to the applicable provisions of the Indenture,
(b) subject the holders of the Bonds Owners to any obligation to refund any moneys money applied to payment of principal of, and premium, if any, and interest on, the Bonds, or
(c) result in the refusal of the Trustee to make such due application because of its reasonable determination that liability might be incurred if such due application were to be made, then the Company will promptly take such action (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference, such obligation or such refusal, as the case may be.
Appears in 2 contracts
Samples: Loan Agreement (Dte Energy Co), Loan Agreement (Dte Energy Co)