Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSC, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 2 contracts
Samples: Storm Recovery Property Servicing Agreement (Entergy Arkansas Restoration Funding, LLC), Storm Recovery Property Servicing Agreement (Entergy Arkansas Restoration Funding, LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Investment Recovery Property; obtaining meter reads, calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Investment Recovery Property; responding to inquiries by Customers, the APSCLPSC, or any other Governmental Authority with respect to the Storm Investment Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Storm Investment Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Investment Recovery Bond Collateral; selling selling, as the agent for the Issuer Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC LPSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 2 contracts
Samples: Investment Recovery Property Servicing Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Investment Recovery Property Servicing Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Series 2003-1 Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Series 2003-1 Transition Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the APSC, PUCT or any other Governmental Authority with respect to the Storm Recovery PropertySeries 2003-1 Transition Property and the Series 2003-1 Transition Charges; delivering Bills to Customers; Customers and Third-Party Collectors, accounting for receipt of the Series 2003-1 Transition Charges, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Storm Recovery Series 2003-1 Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien 's lien on and security interest in all Storm Recovery Bond Collateral associated with the Series 2003-1 Transition Property (the "Series 2003-1 Collateral"); selling selling, as the agent for the Issuer Issuer, as its interests may appear appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs or other Third-Party Collectors pursuant to PUCT Regulations and REP Service Agreements, if any. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service customex xxrvice functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
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)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Applicable Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Applicable Financing OrderOrders, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 2 contracts
Samples: Transition Property Servicing Agreement (Aep Texas Central Co), Servicing Agreement (Aep Texas Central Co)
Duties of Servicer Generally. The Servicer’s duties in general shall include include: management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; obtaining meter readscalculating customer counts; billing the Securitized Utility Tariff Charges, calculating usage, billing, collecting the Securitized Utility Tariff Charges from Customers and remitting all collections and posting of all payments in respect of the Storm Recovery Securitized Utility Tariff Property; responding to inquiries by Customers, the APSCCommission, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to CustomersSecuritized Utility Tariff Property or the Securitized Utility Tariff Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the APSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery PropertySecuritized Utility Tariff Property or other portions of the Securitized Utility Tariff Bond Collateral; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Securitized Utility Tariff Bond Collateral; selling selling, as the agent for the Issuer as its interests may appear Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any APSC Commission Regulations, the Financing Order, Order and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx customer count, bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.I.
Appears in 2 contracts
Samples: Utility Tariff Property Servicing Agreement (Kansas Gas Service Securitization I, L.L.C.), Utility Tariff Property Servicing Agreement (Kansas Gas Service Securitization I, L.L.C.)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on and security interest in the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on and security interest in all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 2 contracts
Samples: Servicing Agreement (AEP Transition Funding III LLC), Servicing Agreement (AEP Transition Funding III LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSCCouncil, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC Council and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Bond Collateral; selling selling, as the agent for the Issuer Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Council Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculationbill xxxculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 2 contracts
Samples: Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Intangible Transition Property (including maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) of the Funding Law to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition Property authorized by the Funding Orders is adequate for the payment in full of all principal of and interest on the Notes; obtaining meter reads, calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Intangible Transition Property; responding to inquiries by Customers, the APSC, ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Intangible Transition Property; delivering Bills to Customers; Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (with prior written notice to the Rating Agencies) by delegating all or a portion of its duties to any third parties; PROVIDED, however, that, notwithstanding any such delegation of duties, the Servicer shall remain liable for the performance of all its duties and obligations pursuant to the terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer of its liability and responsibility with respect to such duties or obligations. The fees and expenses of any such persons to whom the Servicer may delegate duties shall be as agreed between the Servicer and such third parties from time to time, and, except for such fees and expenses which are expressly reimbursable hereunder, such third-party fees and expenses shall be payable solely by the Servicer out of its Servicing Fee and neither the Grantee nor any assignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.
Appears in 2 contracts
Samples: Transition Property Servicing Agreement (Illinois Power Securitization Limited Liability Co), Servicing Agreement (Illinois Power Securitization Limited Liability Co)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Rate Stabilization Property; obtaining meter reads, calculating usageusage (including any such usage by Customers served by a Third-Party Collector), billing, collections and posting of all payments in respect of the Storm Recovery Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the APSCPSC, or any other Governmental Authority with respect to the Storm Recovery Rate Stabilization Property; delivering Bills to CustomersCustomers or Third-Party Collectors; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien on and security interest in the Storm Recovery Rate Stabilization Property; making all filings with the PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect and maintain the perfection and first priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Rate Stabilization Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Applicable Qualified Rate Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation ABapplicable Requirements of Law, as are in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandconsumption.
Appears in 1 contract
Samples: Servicing Agreement (RSB Bondco LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Rate Stabilization Property; obtaining meter reads, calculating usageusage (including any such usage by Customers served by a Third-Party Collector), billing, collections and posting of all payments in respect of the Storm Recovery Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the APSCPSC, or any other Governmental Authority with respect to the Storm Recovery Rate Stabilization Property; delivering Bills to CustomersCustomers or Third-Party Collectors; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien on and security interest in the Storm Recovery Rate Stabilization Property; making all filings with the PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect and maintain the perfection and first priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Rate Stabilization Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Applicable Qualified Rate Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation ABapplicable Requirements of Law, as are in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandconsumption.
Appears in 1 contract
Samples: Servicing Agreement (RSB Bondco LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Series 2004-1 Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Series 2004-1 Transition Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the APSC, PUCT or any other Governmental Authority with respect to the Storm Recovery PropertySeries 2004-1 Transition Property and the Series 2004-1 Transition Charges; delivering Bills to Customers; Customers and Third-Party Collectors, accounting for receipt of the Series 2004-1 Transition Charges, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Storm Recovery Series 2004-1 Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien 's lien on and security interest in all Storm Recovery Bond Collateral associated with the Series 2004-1 Transition Property (the "Series 2004-1 Collateral"); selling selling, as the agent for the Issuer Issuer, as its interests may appear appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs or other Third-Party Collectors pursuant to PUCT Regulations and REP Service Agreements, if any. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service customex xxrvice functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Txu Electric Delivery Transition Bond Co LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Uplift Property; obtaining meter reads, calculating usage, billing, collections collecting and posting of all payments in respect of the Storm Recovery Uplift Property; responding to inquiries by CustomersQSEs, representing obligated load serving entities ("Obligated LSEs"), responsible for the assessment, collection and payment of Uplift Charges ("Responsible QSEs"). Responsible QSEs, the APSCCommission, or any other Governmental Authority with respect to the Storm Recovery Uplift Property; delivering Bills bills to CustomersResponsible QSEs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee Trustee, and the Rating AgenciesAgency; making all filings with the APSC Commission and the Secretary of State and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on and security interest in the Storm Recovery Uplift Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on and security interest in all Storm Recovery Texas Stabilization N Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Debt Obligation Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Commission Regulations, the Financing Debt Obligation Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Uplift Property Servicing Agreement
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Applicable Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Applicable Financing OrderOrders, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.Reporting Functions.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSCCouncil, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC Council and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Bond Collateral; selling selling, as the agent for the Issuer Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Council Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Intangible Transition Property (including maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads, calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Intangible Transition Property; responding to inquiries by Customers, the APSC, ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Intangible Transition Property; delivering Bills to Customers; Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (with prior written notice to the Rating Agencies) by delegating all or a portion of its duties to any third-parties; provided, however, that, notwithstanding any such delegation of duties, the Servicer shall remain liable for the performance of all of its duties and obligations pursuant to the terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer of its liability and responsibility with respect to such duties or obligations. The fees and expenses of any such persons to whom the Servicer may delegate duties shall be as agreed between the Servicer and such third parties from time to time, and, except for such fees and expenses which are expressly reimbursable hereunder, such third-party fees and expenses shall be payable solely by the Servicer out of its Servicing Fee and neither the Grantee nor any assignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.
Appears in 1 contract
Samples: Intangible Transition Property Servicing Agreement (Comed Funding LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating usage, usage and billing, collections collecting and posting of all payments in respect of the Storm Recovery PropertySecuritization Property or Securitization Charges; responding to inquiries by Customers, the APSC, Commission or any other Governmental Authority with respect to the Storm Recovery PropertySecuritization Property or Securitization Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Securitization Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Securitization Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any APSC Commission Regulations, the Financing Order, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex I heretoExhibit A. Any processing and depositing of collections, as it may making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a) shall be amended from time subject to time. For the avoidance provisions of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandIntercreditor Agreement.
Appears in 1 contract
Samples: Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to Customers; Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Note Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien 's lien on and security interest in all Storm Recovery Bond CollateralNote Collateral not constituting Transition Property; selling as the agent for the Note Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs pursuant to PUCT Regulations and, if any, REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service functions, collections, payment pxxxxnt processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (CPL Transition Funding LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Applicable Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Applicable Financing OrderOrders, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to Customers; Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action PUCT as may be necessary to perfect the Note Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Storm Recovery Transition Property; making all filings , and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs pursuant to REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” usage when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Central & South West Corp)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to Customers; Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Note Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien 's lien on and security interest in all Storm Recovery Bond CollateralNote Collateral not constituting Transition Property; selling as the agent for the Note Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs pursuant to PUCT Regulations and, if any, REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (CPL Transition Funding LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSC, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.. (b)
Appears in 1 contract
Samples: Property Servicing Agreement
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Intangible Transition Property (including maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads, calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Intangible Transition Property; responding to inquiries by Customers, the APSC, ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Intangible Transition Property; delivering Bills to Customers; Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer)delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Grantee, the Note Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (with prior written notice to the Rating Agencies) by delegating all or a portion of its duties to any third-parties; PROVIDED, however, that, notwithstanding any such delegation of duties, the Servicer shall remain liable for the performance of all of its duties and obligations pursuant to the terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer of its liability and responsibility with respect to such duties or obligations. The fees and expenses of any such persons to whom the Servicer may delegate duties shall be as agreed between the Servicer and such third parties from time to time, and, except for such fees and expenses which are expressly reimbursable hereunder, such third-party fees and expenses shall be payable solely by the Servicer out of its Servicing Fee and neither the Grantee nor any assignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.
Appears in 1 contract
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSCCouncil, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC Council and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on and security interest in all Storm Recovery Bond Collateral; selling selling, as the agent for the Issuer Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC Council Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.. (b)
Appears in 1 contract
Samples: Servicing Agreement
Duties of Servicer Generally. The Servicer’s duties in general shall include management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; obtaining meter reads, calculating electric usage, billing, collections and posting of all payments in respect of the Storm Recovery Securitized Utility Tariff Property; responding to inquiries by Customers, the APSCMoPSC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Securitized Utility Tariff Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Securitized Utility Tariff Charge Rider SUR; furnishing periodic reports and current reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with collecting applicable sales, franchise and other similar taxes on the APSC Securitized Utility Tariff Charges and remitting such taxes to the appropriate taxing authority on a timely basis; and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on all Storm Recovery Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified and limited in their entirety by any APSC MoPSC Regulations, the Securitization Law, the Financing Order, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers includes references to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Utility Tariff Property Servicing Agreement (Ameren Missouri Securitization Funding I, LLC)
Duties of Servicer Generally. The Servicer’s 's duties in general shall include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating usageusage (including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Storm Recovery Transition Property; responding to inquiries by Customers, REPs, the APSCPUCT, or any other Governmental Authority with respect to the Storm Recovery Transition Property; delivering Bills to CustomersCustomers or REPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer), processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the APSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Storm Recovery Transition Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by any APSC PUCT Regulations, the Financing Order, and the federal securities laws and the rules and regulations promulgated thereunder, including Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and xxxx calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “"usage” " when used herein refers to both kilowatt hour consumption and kilowatt demand.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)