Common use of Supplemental Note Indentures Without Consent of Noteholders Clause in Contracts

Supplemental Note Indentures Without Consent of Noteholders. (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Note Issuer, the Note Trustee and the Certificate Trustee, when authorized by an Issuer Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form reasonably satisfactory to the Note Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Note Indenture, or better to assure, convey and confirm unto the Note Trustee any property subject or required to be subjected to the lien of this Note Indenture, or to subject to the lien of this Note Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Note Issuer, and the assumption by any such successor of the covenants of the Note Issuer herein and in the Notes contained; (iii) to add to the covenants of the Note Issuer, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Note Issuer; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Note Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental note indenture which may be inconsistent with any other provision herein or in any supplemental note indenture or to make any other provisions with respect to matters or questions arising under this Note Indenture or in any supplemental note indenture; provided, however, that such action shall not adversely affect the interests of the Holders of the Notes or holders of the Certificates; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Note Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; or (vii) to modify, eliminate or add to the provisions of this Note Indenture to such extent as shall be necessary to effect the qualification of this Note Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Note Indenture such other provisions as may be expressly required by the Trust Indenture Act. The Note Trustee is hereby authorized to join in the execution of any such supplemental note indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Note Issuer and the Note Trustee, when authorized by an Issuer Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Note Indenture or of modifying in any manner the rights of the Holders of the Notes under this Note Indenture; provided, however, that (i) such action shall not, as evidenced by an Officer’s Certificate, adversely affect in any material respect the interests of the Noteholders or the holders of Certificates and (ii) the Rating Agency Condition shall have been satisfied with respect thereto.

Appears in 4 contracts

Samples: Note Indenture (CEC Funding, LLC), Note Indenture (CEC Funding, LLC), Note Indenture (BEC Funding II, LLC)

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Supplemental Note Indentures Without Consent of Noteholders. (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Note Issuer, Issuer and the Note Trustee and the Certificate Trustee, when authorized by an Issuer Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form reasonably satisfactory to the Note Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Note Indenture, or better to assure, convey and confirm unto the Note Trustee any property subject or required to be subjected to the lien of this Note Indenture, or to subject to the lien of this Note Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Note Issuer, and the assumption by any such successor of the covenants of the Note Issuer herein and in the Notes contained; (iii) to add to the covenants of the Note Issuer, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Note Issuer; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Note Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental note indenture which may be inconsistent with any other provision herein or in any supplemental note indenture or to make any other provisions with respect to matters or questions arising under this Note Indenture or in any supplemental note indenture; provided, however, that such action shall not adversely affect the interests of the Holders of the Notes or holders of the Certificates; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Note Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; or (vii) to modify, eliminate or add to the provisions of this Note Indenture to such extent as shall be necessary to effect the qualification of this Note Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Note Indenture such other provisions as may be expressly required by the Trust Indenture Act. The Note Trustee is hereby authorized to join in the execution of any such supplemental note indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Note Issuer and the Note Trustee, when authorized by an Issuer Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Note Indenture or of modifying in any manner the rights of the Holders of the Notes under this Note Indenture; provided, however, that (i) such action shall not, as evidenced by an Officer’s 's Certificate, adversely affect in any material respect the interests of the Noteholders or the holders of Certificates and (ii) the Rating Agency Condition shall have been satisfied with respect thereto.

Appears in 2 contracts

Samples: Note Indenture (Cl&p Funding LLC), Note Indenture (Cl&p Funding LLC)

Supplemental Note Indentures Without Consent of Noteholders. (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Note Issuer, Issuer and the Note Trustee and the Certificate Trustee, when authorized by an Issuer Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form reasonably satisfactory to the Note Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Note Indenture, or better to assure, convey and confirm unto the Note Trustee any property subject or required to be subjected to the lien of this Note Indenture, or to subject to the lien of this Note Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Note Issuer, and the assumption by any such successor of the covenants of the Note Issuer herein and in the Notes contained; (iii) to add to the covenants of the Note Issuer, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Note Issuer; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Note Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental note indenture which may be inconsistent with any other provision herein or in any supplemental note indenture or to make any other provisions with respect to matters or questions arising under this Note Indenture or in any supplemental note indenture; provided, however, that such action shall not adversely affect the interests of the Holders of the Notes or holders of the Certificates; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Note Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; or (vii) to modify, eliminate or add to the provisions of this Note Indenture to such extent as shall be necessary to effect the qualification of this Note Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Note Indenture such other provisions as may be expressly required by the Trust Indenture Act. The Note Trustee is hereby authorized to join in the execution of any such supplemental note indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Note Issuer and the Note Trustee, when authorized by an Issuer Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Note Indenture or of modifying in any manner the rights of the Holders of the Notes under this Note Indenture; provided, however, that (i) such action shall not, as evidenced by an Officer’s 's Certificate, adversely affect in any material respect the interests of the Noteholders or the holders of Certificates and (ii) the Rating Agency Condition shall have been satisfied with respect thereto. (c) Promptly after the execution by the Note Issuer and the Note Trustee of any supplemental indenture pursuant to this Section, the Note Trustee shall mail to the Rating Agencies a notice setting forth in general terms the substance of such supplemental indenture and enclosing a copy thereof. Any failure of the Note Trustee to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. If any such supplemental indenture requires satisfaction of the Rating Agency Condition, the notice requirements contained in this Section 9.01 are in addition to the notice requirements that may otherwise apply.

Appears in 2 contracts

Samples: Note Indenture (Wmeco Funding LLC), Note Indenture (Wmeco Funding LLC)

Supplemental Note Indentures Without Consent of Noteholders. (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Note Issuer, Issuer and the Note Trustee and the Certificate Trustee, when authorized by an Issuer Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form reasonably satisfactory to the Note Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Note Indenture, or better to assure, convey and confirm unto the Note Trustee any property subject or required to be subjected to the lien of this Note Indenture, or to subject to the lien of this Note Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Note Issuer, and the assumption by any such successor of the covenants of the Note Issuer herein and in the Notes contained; (iii) to add to the covenants of the Note Issuer, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Note Issuer; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Note Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental note indenture which may be inconsistent with any other provision herein or in any supplemental note indenture or to make any other provisions with respect to matters or questions arising under this Note Indenture or in any supplemental note indenture; providedPROVIDED, howeverHOWEVER, that such action shall not adversely affect the interests of the Holders of the Notes or holders of the Certificates; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Note Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; or (vii) to modify, eliminate or add to the provisions of this Note Indenture to such extent as shall be necessary to effect the qualification of this Note Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Note Indenture such other provisions as may be expressly required by the Trust Indenture Act. The Note Trustee is hereby authorized to join in the execution of any such supplemental note indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Note Issuer and the Note Trustee, when authorized by an Issuer Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Note Indenture or of modifying in any manner the rights of the Holders of the Notes under this Note Indenture; providedPROVIDED, however, that (i) such action shall not, as evidenced by an Officer’s 's Certificate, adversely affect in any material respect the interests of the Noteholders or the holders of Certificates and (ii) the Rating Agency Condition shall have been satisfied with respect thereto.

Appears in 1 contract

Samples: Note Indenture (Bec Funding LLC)

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Supplemental Note Indentures Without Consent of Noteholders. (a) Without the consent of the Holders of any Notes but with prior notice to the Rating Agencies, the Note Issuer, the Note Trustee and the Certificate Trustee, when authorized by an Issuer Order, at any time and from time to time, may enter into one or more indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as in force at the date of the execution thereof), in form reasonably satisfactory to the Note Trustee, for any of the following purposes: (i) to correct or amplify the description of any property at any time subject to the lien of this Note Indenture, or better to assure, convey and confirm unto the Note Trustee any property subject or required to be subjected to the lien of this Note Indenture, or to subject to the lien of this Note Indenture additional property; (ii) to evidence the succession, in compliance with the applicable provisions hereof, of another person to the Note Issuer, and the assumption by any such successor of the covenants of the Note Issuer herein and in the Notes contained; (iii) to add to the covenants of the Note Issuer, for the benefit of the Holders of the Notes, or to surrender any right or power herein conferred upon the Note Issuer; (iv) to convey, transfer, assign, mortgage or pledge any property to or with the Note Trustee; (v) to cure any ambiguity, to correct or supplement any provision herein or in any supplemental note indenture which may be inconsistent with any other provision herein or in any supplemental note indenture or to make any other provisions with respect to matters or questions arising under this Note Indenture or in any supplemental note indenture; provided, however, that such action shall not adversely affect the interests of the Holders of the Notes or holders of the Certificates; (vi) to evidence and provide for the acceptance of the appointment hereunder by a successor trustee with respect to the Notes and to add to or change any of the provisions of this Note Indenture as shall be necessary to facilitate the administration of the trusts hereunder by more than one trustee, pursuant to the requirements of Article VI; or (vii) to modify, eliminate or add to the provisions of this Note Indenture to such extent as shall be necessary to effect the qualification of this Note Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Note Indenture such other provisions as may be expressly required by the Trust Indenture Act. The Note Trustee is hereby authorized to join in the execution of any such supplemental note indenture and to make any further appropriate agreements and stipulations that may be therein contained. (b) The Note Issuer and the Note Trustee, when authorized by an Issuer Order, may, also without the consent of any of the Holders of the Notes, enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, this Note Indenture or of modifying in any manner the rights of the Holders of the Notes under this Note Indenture; provided, however, that (i) such action shall not, as evidenced by an Officer’s Certificate, adversely affect in any material respect the interests of the Noteholders or the holders of Certificates and (ii) the Rating Agency Condition shall have been satisfied with respect thereto.

Appears in 1 contract

Samples: Note Indenture (B E C Energy)

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