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 Trustee Grantor or the Lessee 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 Operative Document or if the Owner Trustee shall fail to release any Lien affecting the Indenture Estate that which it is required to release by the terms of this Indenture, or if the insurance provisions of Article 11 of the Lease are not in effect or are not being complied with, the Indenture Trustee Trustee, upon five days’ (5) Business Days' notice to the Owner Trustee Grantor and the Owner Participant Lessee (except in an emergency, in which case only one (1) Business Day's prior notice shall be required) and without waiving or releasing any obligation or defaultdefault shall, may at the instruction of a Majority in Interest of the Secured Note Holders given in accordance with Section 10.02 hereof (but shall be under no obligation toi) at any time thereafter make such payment or perform such act act, in compliance with the Lease (to the extent applicable), for the account and at the expense of the Owner Trustee Grantor; (ii) enter upon the Properties or any part thereof for such purpose as the Majority in Interest of the Secured Note Holders have instructed; and may (iii) take all such action with respect thereto asto the protection of the Estate as the Majority in Interest of the Secured Note Holders have instructed (including with respect to the insurance, in maintenance, operation, use, repair, preservation, protection, improvement, modification, subleasing, assignment or other action affecting the Estate); provided that the Indenture Trustee’s opinionTrustee shall not take any such action if the Grantor or the Lessee, as the case may be, is diligently attempting to cure such failure within the cure period, if any, provided to such entity under the Operative Documents to effect such cure. No such action by the Indenture Trustee shall be necessary or appropriate therefordeemed to be a waiver by it of any Default caused by such failure and no such entry shall be deemed an eviction. All sums so paid by the Indenture Trustee and all reasonable costs and expenses (including, without limitation limitation, insurance premiums and related expenses and reasonable legal fees and expenses) so incurred, together with interest thereon at the Overdue Rate, Rate thereon (to the extent permitted by Applicable Laws and Regulations) 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) Grantor 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 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 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.