Common use of Right of Indenture Trustee To Perform Covenants, etc Clause in Contracts

Right of Indenture Trustee To Perform Covenants, etc. If the Owner Trustee shall fail to make any payment or perform any act required to be made or performed by it hereunder or by it (and not the Lessee) under any other Transaction Document or if the Owner Trustee shall fail to release any Lien affecting the Indenture Estate that it is required to release by the terms of this Indenture, the Indenture Trustee upon five days’ notice to the Owner Trustee and the Owner Participant and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Owner Trustee and may take all such action with respect thereto as, in the Indenture Trustee’s opinion, may be necessary or appropriate therefor. All sums so paid by the Indenture Trustee and all costs and expenses (including, without limitation legal fees and expenses) so incurred, together with interest thereon at the Overdue Rate, from the date of payment or incurrence, shall constitute additional indebtedness secured by this Indenture and shall be paid from the Indenture Estate (to the extent not paid by the Lessee) to the Indenture Trustee on demand. The Indenture Trustee shall not be liable for any damages resulting from any such payment or action unless such damages shall be a consequence of willful misconduct or gross negligence on the part of the Indenture Trustee.

Right of Indenture Trustee To Perform Covenants, etc. If the Owner Trustee shall fail to make any payment or perform any act required to be made or performed by it hereunder or by it (and not under the Lessee) under any other Transaction Document Lease, the Supporting Assets Lease, the Supporting Assets Sublease, the Co-Owners' Consent or the Participation Agreement, or if the Owner Trustee Trustee, Bank or Georgia Bank shall fail to release any Lien affecting the Indenture Estate that which it is required to release by the terms of this IndentureIndenture or the Participation Agreement or the Trust Agreement, the Indenture Trustee upon five days’ Trustee, without notice to the or demand upon Owner Trustee and the Owner Participant Trustee, Bank or Georgia Bank and without waiving or releasing any obligation or default, defaults may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Owner Trustee Indenture Estate and may take all such action with respect thereto (including entering upon Unit 2 or any part thereof, to the extent, of the Undivided Interest and Lessor's Share, for such purpose) as, in the Indenture Trustee’s 's opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction. All sums so paid by the Indenture Trustee and all costs and expenses (including, without limitation limitation, legal fees and expenses) so incurred, together with interest thereon at the Overdue Rate, from the date of payment or incurrence, shall constitute additional indebtedness secured by this Indenture and shall be paid from the Indenture Estate (to the extent not paid by the Lessee) to the Indenture Trustee on demand. The Indenture Trustee shall not be liable for any damages resulting from any such payment or action unless such damages shall be a consequence of willful misconduct or gross negligence on the part of the Indenture Trustee.

Right of Indenture Trustee To Perform Covenants, etc. If the Owner owner Trustee shall fail to make any payment or perform any act required to be made or performed by it hereunder or by it (and not under the Lessee) under any other Transaction Document Facility Lease or if the Owner Trustee shall fail to release any Lien affecting the Lease Indenture Estate that which it is required to release by the terms of this Indenture, the Indenture Trustee upon five days’ Trustee, without notice to or demand upon the Owner Trustee and the Owner Participant and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Owner Trustee and may take all such action with respect thereto as, in the Lease Indenture Trustee’s opinion, may be necessary or appropriate thereforEstate. All sums so paid by the Indenture Trustee and all costs and expenses (including, including without limitation legal reasonable fees and expensesexpenses of legal counsel and other professionals) so incurred, together with interest thereon at the Overdue Rate, from the date of payment or incurrenceoccurrence, shall constitute additional indebtedness secured by this Indenture and shall be paid from the Lease Indenture Estate (to the extent not paid by the Lessee) to the Indenture Trustee on demand. The Indenture Trustee shall not be liable for any damages resulting from any such payment or action unless such damages shall be xxxxx.xx a consequence of willful misconduct or gross negligence on the part of the Indenture Trustee.

Right of Indenture Trustee To Perform Covenants, etc. If the Owner Trustee shall fail tail to make any payment or perform any act required to be made or performed by it hereunder or by it (and not under the Lessee) under any other Transaction Document Facility Lease or if the Owner Trustee shall fail to release any Lien affecting the Lease Indenture Estate that which it is required to release by the terms of this Indenture, the Indenture Trustee upon five days’ Trustee, without notice to or demand upon the Owner Trustee and the Owner Participant and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Owner Trustee and may take all such action with respect thereto as, in the Lease Indenture Trustee’s opinion, may be necessary or appropriate thereforEstate. All sums so paid by the Indenture Trustee and all costs and expenses (including, including without limitation legal reasonable fees and expensesexpenses of legal counsel and other professionals) so incurred, together with interest thereon at the Overdue Rate, from the date of payment or incurrenceoccurrence, shall constitute additional indebtedness secured by this Indenture and shall be paid from the Lease Indenture Estate (to the extent not paid by the Lessee) to the Indenture Trustee on demand. The Indenture Trustee shall not be liable for any damages resulting from any such payment or action unless such damages shall be a consequence of willful misconduct or gross negligence on the part of the Indenture Trustee.

Right of Indenture Trustee To Perform Covenants, etc. If the Owner Trustee shall fail to make any payment or perform any act required to be made or performed by it hereunder or by it (and not under the Lessee) under any other Transaction Document Facility Lease or if the Owner Trustee shall fail to release any Lien affecting the Lease Indenture Estate that which it is required to release by the terms of this Indenture, the Indenture Trustee upon five days’ Trustee, without notice to or demand upon the Owner Trustee and the Owner Participant and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Owner Trustee and may take all such action with respect thereto as, in the Lease Indenture Trustee’s opinion, may be necessary or appropriate thereforEstate. All sums so paid by the Indenture Trustee and all costs and expenses (including, including without limitation legal reasonable fees and expensesexpenses of legal counsel and other professionals) so incurred, together with interest thereon at the Overdue Rate, from the date of payment or incurrenceoccurrence, shall constitute additional indebtedness secured by this Indenture and shall be paid from the Lease Indenture Estate (to the extent not paid by the Lessee) to the Indenture Trustee on demand. The Indenture Trustee shall not be liable for any damages resulting from any such payment or action unless such damages shall be a consequence of willful misconduct or gross negligence on the part of the Indenture Trustee.