Conditions of Issuer’s Obligations. The obligation of the Issuer to deliver the Bonds shall be subject to the conditions that (a) no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceeding for that purpose shall be pending before, or threatened by, the Commission at the Closing Date and (b) the Financing Order has not been altered, rescinded, amended, modified, revoked, or supplemented, and is irrevocable, as of the Closing Date. In case these conditions shall not have been fulfilled, this Underwriting Agreement may be terminated by the Issuer upon notice thereof to the Underwriters. Any such termination shall be without liability of any party to any other party except as otherwise provided in Sections 8(a)(ii) and 11 hereof.
Appears in 6 contracts
Samples: Underwriting Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Underwriting Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Underwriting Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Conditions of Issuer’s Obligations. The obligation of the Issuer to deliver the Bonds shall be subject to the conditions that (a) no stop order suspending the effectiveness of the Registration Statement shall be in effect at the Closing Date and no proceeding for that purpose shall be pending before, or threatened by, the Commission at the Closing Date Date, (b) the Issuance Advice Letter described in Section 9(ff) shall have become effective, and (bc) the Financing Order has not been altered, rescinded, amended, modified, revoked, or supplemented, and is irrevocable, as of the Closing Date. In case these conditions shall not have been fulfilled, this Underwriting Agreement may be terminated by the Issuer upon notice thereof to the Underwriters. Any such termination shall be without liability of any party hereto to any other party hereto except as otherwise provided in Sections Section 8(a)(ii) and Section 11 hereof.
Appears in 2 contracts
Samples: Underwriting Agreement (Entergy Texas, Inc.), Underwriting Agreement (Entergy Texas, Inc.)