Common use of Waiver of Various Rights by the Owner Lessor Clause in Contracts

Waiver of Various Rights by the Owner Lessor. The Owner Lessor hereby waives and agrees, to the extent permitted by Applicable Law, that it will never seek or derive any benefit or advantage from any of the following, whether now existing or hereafter in effect, in connection with any proceeding under or in respect of this Lease Indenture: (a) any stay, extension, moratorium or other similar law; (b) any Applicable Law providing for the valuation of or appraisal of any portion of the Indenture Estate in connection with a sale thereof; or (c) any right to have any portion of the Indenture Estate or other security for the Lessor Notes marshaled. The Owner Lessor covenants not to hinder, delay or impede the exercise of any right or remedy under or in respect of this Lease Indenture, and agrees, to the extent permitted by Applicable Law, to suffer and permit its exercise as though no laws or rights of the character listed above were in effect; provided that this shall not affect or reduce Owner Lessor's rights under Sections 4.3 and 4.4 hereof. Owner Lessor agrees for itself, its successors and assigns, that the acceptance, before the expiration of the right of redemption and after the commencement of foreclosure proceedings of this Indenture, of insurance proceeds, eminent domain awards, rents or anything else of value to be applied on or to the Secured Indebtedness by Indenture Trustee or any person or party holding under it shall not constitute a waiver of such foreclosure or a waiver or relinquishment of any right (s) to foreclose or to have a receiver appointed for and take possession of the Indenture Estate or any part thereof. This agreement by Owner Lessor is intended to apply to the acceptance and such application of any such proceeds, awards, rents and other sums or anything else of value whether the same shall be accepted from, or for the account of, Owner Lessor or from any other source whatsoever by Indenture Trustee or by any person or party holding under Indenture Trustee at any time or times in the future while any of the obligations secured hereby shall remain outstanding.

Appears in 4 contracts

Samples: Indenture of Trust, Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Calpine Corp), Indenture of Trust, Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Calpine Corp), Indenture of Trust, Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Calpine Corp)

AutoNDA by SimpleDocs

Waiver of Various Rights by the Owner Lessor. The Owner Lessor hereby waives and agrees, to the extent permitted by Applicable Law, that it will never seek or derive any benefit or advantage from any of the following, whether now existing or hereafter in effect, in connection with any proceeding under or in respect of this Lease Indenture: (a) any stay, extension, moratorium or other similar law; (b) any Applicable Law providing for the valuation of or appraisal of any portion of the Indenture Estate in connection with a sale thereof; or (c) any right to have any portion of the Indenture Estate or other security for the Lessor Notes marshaled. The Owner Lessor covenants not to hinder, delay or impede the exercise of any right or remedy under or in respect of this Lease Indenture, and agrees, to the extent permitted by Applicable Law, to suffer and permit its exercise as though no laws or rights of the character listed above were in effect; provided that this shall not affect or reduce Owner Lessor's rights under Sections 4.3 and 4.4 hereof. Owner Lessor agrees for itself, its successors and assigns, that the acceptance, before the expiration of the right of redemption and after the commencement of foreclosure proceedings of this Indenture, of insurance proceeds, eminent domain awards, rents or anything else of value to be applied on or to the Secured Indebtedness by Indenture Trustee or any person or party holding under it shall not constitute a waiver of such foreclosure or a waiver or relinquishment of any right (s) to foreclose or to have a receiver appointed for and take possession of the Indenture Estate or any part thereofforeclosure. This agreement by Owner Lessor is intended to apply to the acceptance and such application of any such proceeds, awards, rents and other sums or anything else of value whether the same shall be accepted from, or for the account of, Owner Lessor or from any other source whatsoever by Indenture Trustee or by any person or party holding under Indenture Trustee at any time or times in the future while any of the obligations secured hereby shall remain outstanding.

Appears in 3 contracts

Samples: Indenture of Trust, Mortgage and Security Agreement (Calpine Corp), Indenture of Trust, Mortgage and Security Agreement (Calpine Corp), Indenture of Trust, Mortgage and Security Agreement (Calpine Corp)

AutoNDA by SimpleDocs

Waiver of Various Rights by the Owner Lessor. The Owner Lessor hereby waives and agrees, to the extent permitted by Applicable Law, that it will never seek or derive any benefit or advantage from any of the following, whether now existing or hereafter in effect, in connection with any proceeding under or in respect of this Lease Indenture: (a) any stay, extension, moratorium or other similar law; (b) any Applicable Law providing for the valuation of or appraisal of any portion of the Indenture Estate in connection with a sale thereof; or (c) any right to have any portion of the Indenture Estate or other security for the Lessor Notes marshaled. The Owner Lessor covenants not to hinder, delay or impede the exercise of any right or remedy under or in respect of this Lease Indenture, and agrees, to the extent permitted by Applicable Law, to suffer and permit its exercise as though no laws or rights of the character listed above were in effect; provided that this shall not affect or reduce Owner Lessor's rights under Sections 4.3 and 4.4 hereof. Owner Lessor agrees for itself, its successors and assigns, that the acceptance, before the expiration of the right of redemption and after the commencement of foreclosure proceedings of this Indenture, of insurance proceeds, eminent domain awards, rents or anything else of value to be applied on or to the Secured Indebtedness by Indenture Trustee or any person or party holding under it shall not constitute a waiver of such foreclosure or a waiver or relinquishment of any right (s) to foreclose or to have a receiver appointed for foreclosure, and take possession of the Indenture Estate or any part thereof. This agreement by Owner Lessor is intended to apply to the acceptance and such application of any such proceeds, awards, rents and other sums or anything else of value whether the same shall be accepted from, or for the account of, Owner Lessor or from any other source whatsoever by Indenture Trustee or by any person or party holding under Indenture Trustee at any time or times in the future while any of the obligations secured hereby shall remain outstanding.this

Appears in 1 contract

Samples: Open End Mortgage (Calpine Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!