Common use of Annual Report by Independent Public Accountants Clause in Contracts

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Power) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999, the period of time from the date of this Agreement until June 30, 1999), identifying the results of such procedures and including any exceptions noted. If such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 2 contracts

Samples: Servicing Agreement (Illinois Power Securitization Limited Liability Co), Servicing Agreement (Illinois Power Securitization Limited Liability Co)

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Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in partial consideration of the Series 2003-1 Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, Agencies on or before September March 30 of each year, beginning September March 30, 1999 2004 to and including the September March 30 succeeding the Retirement of the NotesSeries 2003-1 Bonds, to the effect that such firm has performed certain procedures procedures, agreed between the Servicer and such accountants, in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September March 30, 19992004, the period of time from the date of this Agreement until June 30December 31, 19992004), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 2 contracts

Samples: Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois PowerComEd) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 [_______________] of each year, beginning September 30[_____________, 1999 199_] to and including the September 30 [_____________] succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 [________] (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30[_____________, 1999199_], the period of time from the date of this Agreement until June 30_________, 1999199_), identifying the results of such procedures and including any exceptions noted. If such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Servicing Agreement (Comed Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may also provide other services to the Servicer Servicer, Mon Power or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the PSCWV and each Rating Agency, on or before March 31 of each year, beginning March 31, 2010 to and including the Rating Agencies March 31 following the Final Maturity Date of all Series of Environmental Control Bonds, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures agreed to between the Servicer and such firm in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months calendar year ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999’s Report, the period of time from the date of this Agreement 2009 Sale Date for the Series B Environmental Control Bonds until June 30December 31, 19992009), identifying the results of such procedures and including any exceptions noted. If In addition, so long as the Issuer is required to make such filings under the Exchange Act, the Annual Accountant’s Report will include a report that attests to, and reports on, the assessment made by the Servicer as to its compliance with the servicing criteria set forth in (d) of Item 1122 of Regulation AB hereto and that such attestation of the assessment of compliance was in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act and was made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. In the event that the accounting firm providing such report requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of of, such procedures.

Appears in 1 contract

Samples: Control Property Servicing Agreement (MP Environmental Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois PowerComEd) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September June 30, 1999, the period of time from the date of this Agreement until June 30, 1999), identifying the results of such procedures and including any exceptions noted. If such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Servicing Agreement (Comed Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in partial consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, Agencies on or before September 30 [_______] of each year, beginning September 30, 1999 [_______] to and including the September 30 [_______] succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures procedures, agreed between the Servicer and such accountants, in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 [_______] (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999[_______], the period of time from the date of this Agreement until June 30, 1999[_______]), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to shall direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (CPL Transition Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may also provide other services to the Servicer Servicer, Potomac Edison or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the PSCWV and each Rating Agency, on or before March 31 of each year, beginning March 31, 2010 to and including the Rating Agencies March 31 following the Final Maturity Date of all Series of Environmental Control Bonds, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures agreed to between the Servicer and such firm in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months calendar year ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999’s Report, the period of time from the date of this Agreement 2009 Sale Date for the Series B Environmental Control Bonds until June 30December 31, 19992009), identifying the results of such procedures and including any exceptions noted. If In addition, so long as the Issuer is required to make such filings under the Exchange Act, the Annual Accountant’s Report will include a report that attests to, and reports on, the assessment made by the Servicer as to its compliance with the servicing criteria set forth in (d) of Item 1122 of Regulation AB hereto and that such attestation of the assessment of compliance was in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act and was made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. In the event that the accounting firm providing such report requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of of, such procedures.

Appears in 1 contract

Samples: Control Property Servicing Agreement (MP Environmental Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in partial consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, Agencies on or before September March 30 of each year, beginning September March 30, 1999 2003 to and including the September March 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures procedures, agreed between the Servicer and such accountants, in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September March 30, 19992003, the period of time from the date of this Agreement until June 30December 31, 19992002), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to shall direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (CPL Transition Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois PowerComEd) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 [_______________] of each year, beginning September 30[_____________, 1999 199_] to and including the September 30 [_____________]succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 [________] (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30[_____________, 1999199_], the period of time from the date of this Agreement until June 30_________, 1999199_), identifying the results of such procedures and including any exceptions noted. If such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Intangible Transition Property Servicing Agreement (Comed Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may also provide other services to the Servicer Servicer, Potomac Edison or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the PSCWV and each Rating Agency, on or before March 31 of each year, beginning March 31, 20[__] to and including the Rating Agencies March 31 following the Final Maturity Date of all Series of Environmental Control Bonds, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures agreed to between the Servicer and such firm in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months calendar year ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999’s Report, the period of time from the date of this Agreement 20[__] Sale Date for the Series B Environmental Control Bonds until June 30December 31, 199920[__]), identifying the results of such procedures and including any exceptions noted. If In addition, so long as the Issuer is required to make such filings under the Exchange Act, the Annual Accountant’s Report will include a report that attests to, and reports on, the assessment made by the Servicer as to its compliance with the servicing criteria set forth in (d) of Item 1122 of Regulation AB hereto and that such attestation of the assessment of compliance was in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act and was made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. In the event that the accounting firm providing such report requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of of, such procedures.

Appears in 1 contract

Samples: Re: Servicing Agreement (PE Environmental Funding LLC)

Annual Report by Independent Public Accountants. 5 (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may also provide other services to the Servicer Servicer, Mon Power or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the PSCWV and each Rating Agency, on or before March 31 of each year, beginning March 31, 2008 to and including the Rating Agencies March 31 following the Final Maturity Date of all Series of Environmental Control Bonds, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures agreed to between the Servicer and such firm in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months calendar year ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999’s Report, the period of time from the date of this Agreement Transfer Date until June 30December 31, 19992007), identifying the results of such procedures and including any exceptions noted. If In addition, so long as the Issuer is required to make such filings under the Exchange Act, the Annual Accountant’s Report will include a report that attests to, and reports on, the assessment made by the Servicer as to its compliance with the servicing criteria set forth in (d) of Item 1122 of Regulation AB hereto and that such attestation of the assessment of compliance was in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act and was made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. In the event that the accounting firm providing such report requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of of, such procedures.. (b) The Annual Accountant’s Report shall also indicate that the accounting firm providing such report is Independent of the Servicer within the meaning of the Code of Professional Conduct of the American Institute of Certified Public Accountants or any superseding or amended standard adopted by the Public Company Accounting Oversight Board. SECTION 3.07

Appears in 1 contract

Samples: Servicing Agreement

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Note Trustee, the Certificate Trustee, the Infrastructure Bank and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Note Trustee, the Certificate Trustee and the Rating Agencies, Infrastructure Bank on or before September 30 of each year, beginning September 30, 1999 1998 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 19991998, the period of time from the date of this Agreement until June 30, 19991998), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Note Trustee or the Certificate Trustee to agree or consent to the procedures performed by such firm, the Grantee Note Issuer shall direct the Note Issuer to direct Trustee or the Indenture Certificate Trustee in writing to so agree; it being understood and agreed that the Indenture Note Trustee or the Certificate Trustee, as the case may be, will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and neither the Indenture Note Trustee nor the Certificate Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Sce Funding LLC)

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Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, ------------ ----------------------------------------------- Servicer shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Note Trustee, the Certificate Trustee, the Infrastructure Bank and the Rating Agencies Xxxxx'x, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the -------------------------- Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Note Trustee, the Certificate Trustee and the Rating Agencies, Infrastructure Bank on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999, the period of time from the date of this Agreement until June 30, 1999), identifying the results of such procedures and including any exceptions noted. If In the event that such accounting firm requires the Indenture Note Trustee or the Certificate Trustee to agree or consent to the procedures performed by such firm, the Grantee Note Issuer shall direct the Note Issuer to direct Trustee or the Indenture Certificate Trustee in writing to so agree; it being understood and agreed that the Indenture Note Trustee or the Certificate Trustee, as the case may be, will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and neither the Indenture Note Trustee nor the Certificate Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of of, the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Sierra Pacific Power Co)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in partial consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, Agencies on or before September 30 [June 30] of each year, beginning September [June 30, 1999 2001] to and including the September 30 [June 30] succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures procedures, agreed between the Servicer and such accountants, in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 [March 31] (or, in the case of the first Annual Accountant's Report to be delivered on or before September [June 30, 19992001], the period of time from the date of this Agreement until June 30[March 31, 19992001]), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to shall direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Central & South West Corp)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may also provide other services to the Servicer Servicer, Mon Power or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the PSCWV and each Rating Agency, on or before March 31 of each year, beginning March 31, 20[__] to and including the Rating Agencies March 31 following the Final Maturity Date of all Series of Environmental Control Bonds, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures agreed to between the Servicer and such firm in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months calendar year ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999’s Report, the period of time from the date of this Agreement 20[__] Sale Date for the Series B Environmental Control Bonds until June 30December 31, 199920[__]), identifying the results of such procedures and including any exceptions noted. If In addition, so long as the Issuer is required to make such filings under the Exchange Act, the Annual Accountant’s Report will include a report that attests to, and reports on, the assessment made by the Servicer as to its compliance with the servicing criteria set forth in (d) of Item 1122 of Regulation AB hereto and that such attestation of the assessment of compliance was in accordance with Rules 1-02(a)(3) and 2-02(g) of Regulation S-X under the Securities Act and the Exchange Act and was made in accordance with standards for attestation engagements issued or adopted by the Public Company Accounting Oversight Board. In the event that the accounting firm providing such report requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of of, such procedures.

Appears in 1 contract

Samples: Re: Servicing Agreement (MP Environmental Funding LLC)

Annual Report by Independent Public Accountants. (a) The ServicerWith respect to each Series of Bonds, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Trustee, the CPUC and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's ’s Report"), which may be included as part of the Servicer's ’s customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee Issuer and the Rating AgenciesTrustee, on or before September 30 of each year, beginning September 30, 1999 2005 to and including the September 30 succeeding the Retirement of the NotesDate, to the effect that such firm has performed certain procedures in connection with the Servicer's ’s compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's ’s Report to be delivered on or before September 30, 19992005, the period of time from the date of this Agreement Closing Date until June 30, 19992005), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Recovery Property Servicing Agreement (PG&E Energy Recovery Funding LLC)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in consideration of the Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Power) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, on or before September 30 of each year, beginning September 30, 1999 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 1999, the period of time from the date of this Agreement Closing Date until June 30, 1999), identifying the results of such procedures and including any exceptions noted. If such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Illinois Power Securitization Limited Liability Co)

Annual Report by Independent Public Accountants. (a) ------------------------------------------------ The Servicer, at its own expense in consideration of the Servicing Fee paid to it, Servicer shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee Note Trustee, the Certificate Trustee, the Infrastructure Bank and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Note Trustee, the Certificate Trustee and the Rating Agencies, Infrastructure Bank on or before September 30 of each year, beginning September 30, 1999 1998 to and including the September 30 succeeding the Retirement of the Notes, to the effect that such firm has performed certain procedures in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 (or, in the case of the first Annual Accountant's Report to be delivered on or before September 30, 19991998, the period of time from the date of this Agreement until June 30, 19991998), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Note Trustee or the Certificate Trustee to agree or consent to the procedures performed by such firm, the Grantee Note Issuer shall direct the Note Issuer to direct Trustee or the Indenture Certificate Trustee in writing to so agree; it being understood and agreed that the Indenture Note Trustee or the Certificate Trustee, as the case may be, will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and neither the Indenture Note Trustee nor the Certificate Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Sdg&e Funding LLC a De Limited Liability Co)

Annual Report by Independent Public Accountants. (a) The Servicer, at its own expense in partial consideration of the Series 2004-1 Servicing Fee paid to it, shall cause a firm of independent certified public accountants (which may provide other services to the Servicer or Illinois Powerthe Seller) to prepare, and the Servicer shall deliver to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies Agencies, a report addressed to the Servicer (the "Annual Accountant's Report"), which may be included as part of the Servicer's customary auditing activities, for the information and use of the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies, Agencies on or before September June 30 of each year, beginning September June 30, 1999 2005 to and including the September June 30 succeeding the Retirement of the NotesSeries 2004-1 Bonds, to the effect that such firm has performed certain procedures procedures, agreed between the Servicer and such accountants, in connection with the Servicer's compliance with its obligations under this Agreement during the preceding twelve months ended June 30 December 31 (or, in the case of the first Annual Accountant's Report to be delivered on or before September June 30, 19992005, the period of time from the date of this Agreement until June 30December 31, 19992004), identifying the results of such procedures and including any exceptions noted. If In the event such accounting firm requires the Indenture Trustee to agree or consent to the procedures performed by such firm, the Grantee Issuer shall direct the Note Issuer to direct the Indenture Trustee in writing to so agree; it being understood and agreed that the Indenture Trustee will deliver such letter of agreement or consent in conclusive reliance upon the direction of the Note Issuer, and the Indenture Trustee will not make any independent inquiry or investigation as to, and shall have no obligation or liability in respect of the sufficiency, validity or correctness of such procedures.

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Txu Electric Delivery Transition Bond Co LLC)

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