Enforcement Action. At any time when a Default under the Indenture has occurred and is continuing, they, it or he may proceed, either in their, its or his own name and as trustees or trustee of an express trust or otherwise, to protect and enforce the rights of the Trustees, or either of them, and those of the Company under this Assignment and the Availability Agreement by suit in equity, action at law or other appropriate proceedings, whether for the specific performance of any covenant or agreement contained herein or in the Availability Agreement or otherwise, and whether or not the Company shall have complied with any of the provisions hereof or thereof or proceeded to take any action authorized or permitted under applicable law. Each and every remedy of the Trustees, and each of them shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or under the Indenture or now or hereafter existing at law or in equity or by statute.
Appears in 3 contracts
Sources: Assignment of Availability Agreement (System Energy Resources Inc), Assignment of Availability Agreement (Entergy Mississippi Inc), Assignment of Availability Agreement (System Energy Resources Inc)
Enforcement Action. At any time when a Reimbursement Event of Default or Prepayment Event under the Indenture Amended Reimbursement Agreement has occurred and is continuing, they, it or he the Administrating Bank may proceed, either in their, its or his own name and or as trustees or trustee of an express trust agent or otherwise, to protect and enforce the rights its rights, those of the Trustees, or either of them, other LOC Banks and those of the Company under this Assignment and the Availability Agreement by suit in equity, action at law or other appropriate proceedings, whether for the specific performance of any covenant or agreement contained herein or in the Availability Agreement or otherwise, and whether or not the Company shall have complied with any of the provisions hereof or thereof or proceeded to take any action authorized or permitted under applicable law. Each and every remedy of the Trustees, and each of them LOC Banks shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or under the Indenture Amended Reimbursement Agreement or now or hereafter existing at law or in equity or by statute.
Appears in 1 contract
Sources: Assignment of Availability Agreement (System Energy Resources Inc)
Enforcement Action. At any time when a Reimbursement Event of Default or Prepayment Event under the Indenture Amended and Restated Reimbursement Agreement has occurred and is continuing, they, it or he the Administrating Bank may proceed, either in their, its or his own name and or as trustees or trustee of an express trust agent or otherwise, to protect and enforce the rights its rights, those of the Trustees, or either of them, other LOC Banks and those of the Company under this Assignment and the Availability Agreement by suit in equity, action at law or other appropriate proceedings, whether for the specific performance of any covenant or agreement contained herein or in the Availability Agreement or otherwise, and whether or not the Company shall have complied with any of the provisions hereof or thereof or proceeded to take any action authorized or permitted under applicable law. Each and every remedy of the Trustees, and each of them LOC Banks shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder or under the Indenture Amended Reimbursement Agreement or now or hereafter existing at law or in equity or by statute.
Appears in 1 contract
Sources: Assignment of Availability Agreement (System Energy Resources Inc)