Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which has been approved by the holders of more than 50% in principal amount of the [ ] Series Bonds Outstanding (as defined in the Indenture) at the time of such consent or which does not materially adversely affect the rights of the Trustees or the holders of the [ ] Series Bonds or which is necessary in order to qualify the Indenture under the Trust Indenture Act of 1939, as contemplated by Section 20.04 of the Mortgage, provided, however, that (i) without the written consent of the holder of all the [ ] Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which shall modify, without the written consent of each of the Trustees, the rights, duties or immunities or the Trustees or either of them.
Appears in 1 contract
Samples: Assignment of Availability Agreement (System Energy Resources Inc)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-first Series Bonds Outstanding (as defined in the Indenture) at the time of such consent or which does not materially adversely affect the rights of the Trustees or the holders of the [ ] Twenty-first Series Bonds or which is necessary in order to qualify the Indenture under the Trust Indenture Act of 1939, as contemplated by Section 20.04 of the Mortgage, provided, however, that (i) without the written consent of the holder of all the [ ] Twenty-first Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which shall modify, without the written consent of each of the Trustees, the rights, duties or immunities or the Trustees or either of them.
Appears in 1 contract
Samples: Assignment of Availability Agreement (Entergy Mississippi Inc)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-second Series Bonds Outstanding (as defined in the Restated Indenture) at the time of such consent or which does not materially adversely affect the rights of the Trustees or the holders of the [ ] Twenty-second Series Bonds or which is necessary in order to qualify the Restated Indenture under the Trust Indenture Act of 1939, as contemplated by Section 20.04 Sections 1301 and 1302 of the MortgageRestated Indenture, provided, however, that (i) without the written consent of the holder of all the [ ] Twenty-second Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which shall modify, without the written consent of each of the TrusteesTrustee, the rights, duties or immunities or the Trustees or either of themTrustee.
Appears in 1 contract
Samples: Assignment of Availability Agreement (Entergy Texas, Inc.)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which that has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which that has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-third Series Bonds Outstanding (as defined in the IndentureRestated Mortgage) at the time of such consent or which that does not materially adversely affect the rights of the Trustees or the holders of the [ ] Twenty-third Series Bonds or which that is necessary in order to qualify the Indenture Restated Mortgage under the Trust Indenture Act of 1939, as contemplated by Section 20.04 Sections 1301 and 1302 of the Restated Mortgage, provided, however, that (i) without the written consent of the holder of all the [ ] Twenty-third Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which that shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which that shall modify, without the written consent of each of the TrusteesTrustee, the rights, duties or immunities or the Trustees or either of themTrustee.
Appears in 1 contract
Samples: Assignment of Availability Agreement (System Energy Resources, Inc)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which that has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which that has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-sixth Series Bonds Outstanding (as defined in the IndentureRestated Mortgage) at the time of such consent or which that does not materially adversely affect the rights of the Trustees Trustee or the holders of the [ ] Twenty-sixth Series Bonds or which that is necessary in order to qualify the Indenture Restated Mortgage under the Trust Indenture Act of 1939, as contemplated by Section 20.04 Sections 1301 and 1302 of the Restated Mortgage, provided, however, that (i) without the written consent of the holder holders of all the [ ] Twenty-sixth Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which that shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which that shall modify, without the written consent of each of the TrusteesTrustee, the rights, duties or immunities or the Trustees or either of themTrustee.
Appears in 1 contract
Samples: Assignment of Availability Agreement (System Energy Resources, Inc)
Restrictions on Amendments. Neither this Assignment nor the Availability This Agreement may not be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement It may be amended, waived, modified, discharged or otherwise changed only by a written instrument which has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, hereto and which has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-second Series Bonds Outstanding (as defined in the Restated Indenture) at the time of such consent or which does not materially adversely affect the rights of the Trustees Trustee or the holders of the [ ] Twenty-second Series Bonds or which is necessary in order to qualify the Restated Indenture under the Trust Indenture Act of 1939, as contemplated by Section 20.04 Sections 1301 and 1302 of the Mortgage, Restated Indenture provided, however, that (i) without the written consent of the holder holders of all the [ ] Twenty-second Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which shall change the terms of this Section 5.1 6.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which shall modify, without the written consent of each of the TrusteesTrustee, the rights, duties or immunities or of the Trustees or either of themTrustee.
Appears in 1 contract
Samples: Supplementary Capital Funds Agreement (Entergy Texas, Inc.)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which has been approved by the holders of more than 50% in principal amount of the [ ] Twentieth Series Bonds Outstanding (as defined in the Indenture) at the time of such consent or which does not materially adversely affect the rights of the Trustees or the holders of the [ ] Twentieth Series Bonds or which is necessary in order to qualify the Indenture under the Trust Indenture Act of 1939, as contemplated by Section 20.04 of the Mortgage, provided, however, that (i) without the written consent of the holder of all the [ ] Twentieth Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which shall modify, without the written consent of each of the Trustees, the rights, duties or immunities or the Trustees or either of them.
Appears in 1 contract
Samples: Assignment of Availability Agreement (System Energy Resources Inc)
Restrictions on Amendments. Neither this Assignment nor the Availability Agreement may be amended, waived, modified, discharged or otherwise changed orally. This Assignment and the Availability Agreement may be amended, waived, modified, discharged or otherwise changed only by a written instrument which that has been signed by all the parties hereto, in the case of this Assignment, or by the persons specified in Section 11 of the Availability Agreement, in the case of the Availability Agreement, and which that has been approved by the holders of more than 50% in principal amount of the [ ] Twenty-seventh Series Bonds Outstanding (as defined in the IndentureRestated Mortgage) at the time of such consent or which that does not materially adversely affect the rights of the Trustees Trustee or the holders of the [ ] Twenty- seventh Series Bonds or which that is necessary in order to qualify the Indenture Restated Mortgage under the Trust Indenture Act of 1939, as contemplated by Section 20.04 Sections 1301 and 1302 of the Restated Mortgage, provided, however, that (i) without the written consent of the holder holders of all the [ ] Twenty-seventh Series Bonds affected thereby, no amendment, waiver, modification, discharge or other change in or to this Assignment or the Availability Agreement shall be made which that shall change the terms of this Section 5.1 and (ii) no such amendment, waiver, modification, discharge or other change shall be made which that shall modify, without the written consent of each of the TrusteesTrustee, the rights, duties or immunities or the Trustees or either of themTrustee.
Appears in 1 contract
Samples: Assignment of Availability Agreement (System Energy Resources, Inc)