Issuance of Additional Tax-Exempt Indenture Securities Sample Clauses

Issuance of Additional Tax-Exempt Indenture Securities. (a) The IDB may (subject to compliance with the provisions of Section 4.17), at the request of an Authorized Officer of the Company, authorize the issuance of additional Tax- Exempt Indenture Securities upon the terms and conditions provided herein and in the Tax-Exempt Indenture. Such additional Tax-Exempt Indenture Securities may be issued to provide funds to pay any one (1) or more of the following: (i) the costs of additions to the Tax-Exempt Project (including payment of costs permitted under the Alabama Act), (ii) the costs of making at any time or from time to time such substitutions, additions, repairs, modifications and improvements in, on, or to the Tax-Exempt Project authorized by the Alabama Act as the Company may deem necessary or desirable, (iii) the costs of refunding, to the extent permitted by Law, any outstanding Tax-Exempt Indenture Securities, (iv) the costs of the issuance and sale of such additional Tax-Exempt Indenture Securities and capitalized interest for such period and other costs reasonably related to such issuance (including the funding of any Tax-Exempt Debt Service Reserve Account established and created for the benefit of Holders of such additional Tax-Exempt Indenture Securities) as shall be agreed upon by the Company and the IDB and (v) the costs and other amounts contemplated by Section 4.17; provided, however, that (A) the terms of such additional Tax-Exempt Indenture Securities, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by the Mobile Energy Parties, (B) the IDB is not in default under the Tax-Exempt Indenture or any provision thereof and the Mobile Energy Parties are not in default under this Agreement or any provision hereof, and the issuance of such additional Tax-Exempt Indenture Securities will not constitute a default under this Agreement or cause any violation of the covenants or representations of the Mobile Energy Parties in this Agreement, (C) the Mobile Energy Parties and the IDB shall have entered into an amendment to this Agreement to provide (1) that, for all purposes of this Agreement, the Tax-Exempt Project shall include any facilities being financed by such additional Tax-Exempt Indenture Securities, (2) for such increase in the payments to be made by the Company to the IDB in such amounts as shall be necessary to pay the principal of and premium, if any, and interest on such additional Tax-Exempt Indentu...
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Related to Issuance of Additional Tax-Exempt Indenture Securities

  • Trust Indenture Act Section    Indenture Section 310(a)(1) 7.09 (a)(2) 7.09 (a)(3) N.A.

  • Trustee Not Responsible for Recitals or Issuance or Securities (a) The recitals contained herein and in the Securities shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same.

  • Trustee Not Responsible for Recitals or Issuance of Securities The recitals contained herein and in the Securities, except for the Trustee's certificates of authentication, and in any coupons shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities or coupons, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Securities and perform its obligations hereunder and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of Securities or the proceeds thereof.

  • Trustee Not Responsible for Recitals or Issuance of Notes The recitals and statements contained herein shall be taken as statements of the Partnership, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or of the Notes other than with respect to the Trustee’s authentication. The Trustee shall not be accountable for the use or application by the Partnership of the Notes or the proceeds thereof.

  • Actions Binding on Future Securityholders At any time prior to (but not after) the evidencing to the Trustee, as provided in Section 8.01, of the taking of any action by the holders of the majority or percentage in aggregate principal amount of the Securities of a particular series specified in this Indenture in connection with such action, any holder of a Security of that series that is shown by the evidence to be included in the Securities the holders of which have consented to such action may, by filing written notice with the Trustee, and upon proof of holding as provided in Section 8.02, revoke such action so far as concerns such Security. Except as aforesaid any such action taken by the holder of any Security shall be conclusive and binding upon such holder and upon all future holders and owners of such Security, and of any Security issued in exchange therefor, on registration of transfer thereof or in place thereof, irrespective of whether or not any notation in regard thereto is made upon such Security. Any action taken by the holders of the majority or percentage in aggregate principal amount of the Securities of a particular series specified in this Indenture in connection with such action shall be conclusively binding upon the Company, the Trustee and the holders of all the Securities of that series.

  • Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the Indenture.

  • Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change Subject to the other terms of this Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

  • Not Responsible for Recitals or Issuance of Securities The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

  • Trustee Not Liable for Recitals in Indenture or in Debt Securities The recitals contained herein, in the Debt Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Issuers, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Debt Securities of any series, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Debt Securities and perform its obligations hereunder, and that the statements made by it or to be made by it in a Statement of Eligibility and Qualification on Form T-1 supplied to the Issuers are true and accurate. The Trustee shall not be accountable for the use or application by the Issuers of any of the Debt Securities or of the proceeds thereof.

  • Trustee Not Responsible for Recitals, Disposition of Securities or Application of Proceeds Thereof The recitals contained herein and in the Securities, except the Trustee’s certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

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