TAKING POSSESSION OF INDENTURE ESTATE. (a) Subject to the rights of the Owner Trust and the Owner Participant under Section 4.3 hereof, and unless an OP Guarantor, the Owner Participant or the Owner Trust shall have purchased the Lessor Notes pursuant to Section 2.10 hereof, if a Lease Indenture Event of Default shall have occurred and be continuing and the Lessor Notes shall have been accelerated pursuant to Section 4.4(b) or 4.4(c) hereof, at the request of the Required Holders, the Owner Trust shall promptly execute and deliver or cause to be delivered to the Lease Indenture Trustee and the Holders such instruments and other documents as the Required Holders may deem necessary or advisable to enable the Lease Indenture Trustee at such time or times and place or places as the Lease Indenture Trustee (acting on the instruction of the Required Holders) may specify, to obtain possession of all or any part of the Indenture Estate to which the Holders shall at the time be entitled hereunder. If the Owner Trust shall for any reason fail to execute and deliver or cause to be delivered such instruments and documents after such request by the Lease Indenture Trustee, the Lease Indenture Trustee (acting on the instruction of the Required Holders) may (i) obtain a judgment conferring on the Lease Indenture Trustee the right to immediate possession and requiring the Owner Trust to execute and deliver or cause to be delivered such instruments and documents to the Lease Indenture Trustee and the Owner Trust hereby specifically consents to the entry of such judgment to the fullest extent it may lawfully do so, and (ii) to the extent permitted by law, pursue all or part of such Indenture Estate, as applicable, wherever it may be found, subject to Section XIII of the Participation Agreement and Section 4.2 of the Facility Lease, if applicable. All expenses (including those of the Lease Indenture Trustee) of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien of this Indenture.
Appears in 2 contracts
Samples: Assumption Agreement (Edison Mission Energy), Edison Mission Energy
TAKING POSSESSION OF INDENTURE ESTATE. (a) Subject to the rights of the Owner Trust Lessor and the Owner Participant under Section 4.3 Sections 7.2 and 2.21 hereof, and unless an OP Guarantor, the Owner Participant or the Owner Trust shall have purchased the Lessor Notes pursuant to Section 2.10 hereof, if a Lease Indenture Event of Default shall have occurred and be continuing and the Lessor Notes shall have been accelerated (and any such acceleration has not been rescinded) pursuant to Section 4.4(b) or 4.4(c) 7.3 hereof, at the request upon a Notice of the Required HoldersAction , the Owner Trust Lessor shall promptly execute and deliver or cause to be delivered to the Lease Indenture Trustee and the Holders Security Agent such instruments and other documents as the Required Holders Lease Indenture Secured Parties may deem necessary or advisable to enable the Lease Indenture Trustee Security Agent at such time or times and place or places as the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may specify, to obtain possession of all or any part of the Indenture Estate to which the Holders Lease Indenture Secured Parties shall at the time be entitled hereunder. If the Owner Trust Lessor shall for any reason fail to execute and deliver or cause to be delivered such instruments and documents after such request by the Lease Indenture TrusteeSecurity Agent , the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may (i) obtain a judgment conferring on the Lease Indenture Trustee Security Agent the right to immediate possession and requiring the Owner Trust Lessor to execute and deliver or cause to be delivered such instruments and documents to the Lease Indenture Trustee Security Agent and the Owner Trust Lessor hereby specifically consents to the entry of such judgment to the fullest extent it may lawfully do so, and (ii) to the extent permitted by law, pursue all or part of such Indenture Estate, as applicable, wherever it may be found, subject to Section XIII Article XI of the Participation Agreement and Section 4.2 of the Facility Lease, if applicable. All expenses (including those of the Lease Indenture TrusteeSecurity Agent) of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien lien of this Lease Indenture.
Appears in 2 contracts
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp), Indenture of Trust and Security Agreement (Eme Homer City Generation Lp)
TAKING POSSESSION OF INDENTURE ESTATE. (a) Subject to the rights of the Owner Trust Lessor and the Owner Participant under Section 4.3 Sections 7.2 and 2.21 hereof, and unless an OP Guarantor, the Owner Participant or the Owner Trust shall have purchased the Lessor Notes pursuant to Section 2.10 hereof, if a Lease Indenture Event of Default shall have occurred and be continuing and the Lessor Notes shall have been accelerated (and any such acceleration has not been rescinded) pursuant to Section 4.4(b) or 4.4(c) 7.3 hereof, at the request upon a Notice of the Required HoldersAction, the Owner Trust Lessor shall promptly execute and deliver or cause to be delivered to the Lease Indenture Trustee and the Holders Security Agent such instruments and other documents as the Required Holders Lease Indenture Secured Parties may deem necessary or advisable to enable the Lease Indenture Trustee Security Agent at such time or times and place or places as the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may specify, to obtain possession of all or any part of the Indenture Estate to which the Holders Lease Indenture Secured Parties shall at the time be entitled hereunder. If the Owner Trust Lessor shall for any reason fail to execute and deliver or cause to be delivered such instruments and documents after such request by the Lease Indenture TrusteeSecurity Agent, the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may (i) obtain a judgment conferring on the Lease Indenture Trustee Security Agent the right to immediate possession and requiring the Owner Trust Lessor to execute and deliver or cause to be delivered such instruments and documents to the Lease Indenture Trustee Security Agent and the Owner Trust Lessor hereby specifically consents to the entry of such judgment to the fullest extent it may lawfully do so, and (ii) to the extent permitted by law, pursue all or part of such Indenture Estate, as applicable, wherever it may be found, subject to Section XIII Article XI of the Participation Agreement and Section 4.2 of the Facility Lease, if applicable. All expenses (including those of the Lease Indenture TrusteeSecurity Agent) of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien lien of this Lease Indenture.
Appears in 1 contract
Samples: Trust and Security Agreement (Eme Homer City Generation Lp)
TAKING POSSESSION OF INDENTURE ESTATE. (a) Subject to the rights of the Owner Trust Lessor and the Owner Participant under Section 4.3 Sections 7.2 and 2.21 hereof, and unless an OP Guarantor, the Owner Participant or the Owner Trust shall have purchased the Lessor Notes pursuant to Section 2.10 hereof, if a Lease Indenture Event of Default shall have occurred and be continuing and the Lessor Notes shall have been accelerated (and any such acceleration has not been rescinded) pursuant to Section 4.4(b) or 4.4(c) 7.3 hereof, at the request upon a Notice of the Required HoldersAction , the Owner Trust Lessor shall promptly execute and deliver or cause to be delivered to the Lease Indenture Trustee and the Holders Security Agent such instruments and other documents as the Required Holders Lease Indenture Secured Parties may deem necessary or advisable to enable the Lease Indenture Trustee Security Agent at such time or times and place or places as the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may specify, to obtain possession of all or any part of the Indenture Estate to which the Holders Lease Indenture Secured Parties shall at the time be entitled hereunder. If the Owner Trust Lessor shall for any reason fail to execute and deliver or cause to be delivered such instruments and documents after such request by the Lease Indenture TrusteeSecurity Agent , the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may (i) obtain a judgment conferring on the Lease Indenture Trustee Security Agent the right to immediate possession and requiring the Owner Trust Lessor to execute and deliver or cause to be delivered such instruments and documents to the Lease Indenture Trustee Security Agent and the Owner Trust Lessor hereby specifically consents to the entry of such judgment to the fullest extent it may lawfully do so, and (ii) to the extent permitted by law, pursue all or part of such Indenture Estate, as applicable, wherever it may be found, subject to Section XIII Article XI of the Participation Agreement and Section 4.2 of the Facility Lease, if applicable. All expenses (including those of the Lease Indenture TrusteeSecurity Agent) of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien of this Indenture.
Appears in 1 contract
Samples: Eme Homer City Generation Lp
TAKING POSSESSION OF INDENTURE ESTATE. (a) Subject to the rights of the Owner Trust Lessor and the Owner Participant under Section 4.3 Sections 7.2 and 2.21 hereof, and unless an OP Guarantor, the Owner Participant or the Owner Trust shall have purchased the Lessor Notes pursuant to Section 2.10 hereof, if a Lease Indenture Event of Default shall have occurred and be continuing and the Lessor Notes shall have been accelerated (and any such acceleration has not been rescinded) pursuant to Section 4.4(b) or 4.4(c) 7.3 hereof, at the request upon a Notice of the Required HoldersAction , the Owner Trust Lessor shall promptly execute and deliver or cause to be delivered to the Lease Indenture Trustee and the Holders Security Agent such instruments and other documents as the Required Holders Lease Indenture Secured Parties may deem necessary or advisable to enable the Lease Indenture Trustee Security Agent at such time or times and place or places as the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may specify, to obtain possession of all or any part of the Indenture Estate to which the Holders Lease Indenture Secured Parties shall at the time be entitled hereunder. If the Owner Trust Lessor shall for any reason fail to execute and deliver or cause to be delivered such instruments and documents after such request by the Lease Indenture TrusteeSecurity Agent , the Lease Indenture Trustee Security Agent (acting on the instruction upon a Notice of the Required HoldersAction) may (i) obtain a judgment conferring on the Lease Indenture Trustee Security Agent the right to immediate possession and requiring the Owner Trust Lessor to execute and deliver or cause to be delivered such instruments and documents to the Lease Indenture Trustee Security Agent and the Owner Trust Lessor hereby specifically consents to the entry of such judgment to the fullest extent it may lawfully do so, and (ii) to the extent permitted by law, pursue all or part of such Indenture Estate, as applicable, wherever it may be found, 45 subject to Section XIII Article XI of the Participation Agreement and Section 4.2 of the Facility Lease, if applicable. All expenses (including those of the Lease Indenture TrusteeSecurity Agent) of obtaining such judgment or of pursuing, searching for and taking such property shall, until paid, be secured by the Lien lien of this Lease Indenture.
Appears in 1 contract
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp)