Common use of General Provisions Regarding the Collection Account Clause in Contracts

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 21 contracts

Samples: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (PACIFIC GAS & ELECTRIC Co)

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General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Securitized Utility Tariff Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Securitized Utility Tariff Bonds but the Recovery Securitized Utility Tariff Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 8 contracts

Samples: Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Evergy Missouri West Storm Funding I, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related tranche, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofBonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts amount shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 8 contracts

Samples: Indenture (Cleco Power LLC), Indenture (Cleco Power LLC), Indenture (Duke Energy Progress NC Storm Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofSecuritization Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Securitization Bonds but the Recovery Securitization Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 7 contracts

Samples: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofSecuritized Utility Tariff Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Securitized Utility Tariff Bonds but the Recovery Securitized Utility Tariff Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 6 contracts

Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofEnvironmental Trust Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Environmental Trust Bonds but the Recovery Environmental Trust Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 5 contracts

Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Bond Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Bond Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Bond Issuer will not direct the Indenture Bond Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account Collection Account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Bond Trustee to make any such investment or sale, if requested by the Indenture Bond Trustee, the Bond Issuer shall deliver to the Indenture Bond Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Bond Trustee, to such effect. In no event shall the Indenture Bond Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Bond Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Bond Issuer or the Servicer to provide timely written investment direction. The Indenture Bond Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Bond Trustee’s Corporate Trust Office, falls below the rating requirements set forth in which case clause (b) of the definition of Eligible Institution, the Bond Issuer on behalf of the Certificate Issuer shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b) of the definition of “Eligible Institution. (b) Subject to Section 6.01(c), the Indenture Bond Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Bond Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Bond Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Bond Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Bond Trustee by 11:00 a.m. am. Eastern Time (or such other time as may be agreed by the Bond Issuer and Indenture Bond Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Bond Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (described under in clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Bond Issuer to the Indenture Bond Trustee with respect to such type of Eligible Investments; provided that if the Bond Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsBond Trustee, the Indenture Bond Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 4 contracts

Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofBonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts amount shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 4 contracts

Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; provided, however, that all income or other gain from investments of moneys deposited in the Capital Subaccount shall be retained in the Capital Subaccount, and any loss resulting from such investments shall be charged to the Capital Subaccount. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Note Trustee’s Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Delaware Trustee, on behalf of the Certificate Issuer, shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of “Eligible Institution. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (di) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 4 contracts

Samples: Note Indenture (CEC Funding, LLC), Note Indenture (BEC Funding II, LLC), Note Indenture (BEC Funding II, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related Tranche, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofEnergy Transition Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Energy Transition Bonds but the Recovery Energy Transition Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 4 contracts

Samples: Indenture (PNM Energy Transition Bond Co I, LLC), Indenture (PNM Energy Transition Bond Co I, LLC), Indenture (PNM Energy Transition Bond Co I, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account for each Series shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related Series or WAL, if applicable, for the Nuclear Asset-Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofBonds. All income or other gain from investments of moneys deposited in the Collection Account for the relevant Series shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection AccountAccount for the relevant Series. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Nuclear Asset-Recovery Bonds but the Nuclear Asset-Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 3 contracts

Samples: Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Transition Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Transition Bonds but the Recovery Transition Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 3 contracts

Samples: Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery System Restoration Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery System Restoration Bonds but the Recovery System Restoration Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 3 contracts

Samples: Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Consumer Rate Relief Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Consumer Rate Relief Bonds but the Recovery Consumer Rate Relief Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as individuals generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments. (f) The Indenture Trustee is authorized to deposit uninvested funds in non-interest bearing, unsecured demand deposit accounts at affiliated banks, purchase and sell investment securities through or from affiliated banks and broker-dealers, invest funds in registered investment companies that receive investment management and custodial services from the trustee or its affiliates, and receive and hold letters of credit issued by affiliated banks as security for the Consumer Rate Relief Bonds.

Appears in 3 contracts

Samples: Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later -------- ------- than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed related Series of at a loss prior to the maturity or the date of redemption thereofNotes. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 3 contracts

Samples: Indenture (Sdg&e Funding LLC a De Limited Liability Co), Indenture (Pg&e Funding LLC), Indenture (Sce Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; provided, however, that all income or other gain from investments of moneys deposited in the Capital Subaccount shall be retained in the Capital Subaccount, and any loss resulting from such investments shall be charged to the Capital Subaccount. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Note Trustee's Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Note Trustee shall notify the Delaware Trustee and the Certificate Indenture provides that the Delaware Trustee, on behalf of the Certificate Issuer, shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of "Eligible Institution." (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 3 contracts

Samples: Note Indenture (Cl&p Funding LLC), Note Indenture (Wmeco Funding LLC), Note Indenture (Wmeco Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Phase-In-Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Phase-In-Recovery Bonds but the Phase-In-Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as individuals generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments. (f) The Indenture Trustee is authorized to deposit uninvested funds in non-interest bearing, unsecured demand deposit accounts at affiliated banks, purchase and sell investment securities through or from affiliated banks and broker-dealers, invest funds in registered investment companies that receive investment management and custodial services from the trustee or its affiliates, and receive and hold letters of credit issued by affiliated banks as security for the Phase-In-Transition Bonds.

Appears in 3 contracts

Samples: Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 3 contracts

Samples: Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related Tranche, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofDeferred Fuel Cost Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of timely and specific written investment direction pursuant to an Issuer Order, in which case such amounts amount shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and the Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Deferred Fuel Cost Bonds but the Recovery Deferred Fuel Cost Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction provided on behalf of the Issuer by the Servicer must be given in writing to a Responsible Officer of the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 3 contracts

Samples: Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofSecuritization Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Securitization Bonds but the Recovery Securitization Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 3 contracts

Samples: Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later -------- ------- than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed related Series of at a loss prior to the maturity or the date of redemption thereofNotes. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest rein vest funds in such the Collection Account in the money market fund (described under clause (d) of the definition of “one or more Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Sdg&e Funding LLC a De Limited Liability Co), Indenture (Sce Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; provided, however, that all income or other gain from investments of moneys deposited in the Capital Subaccount shall be retained in the Capital Subaccount and any loss resulting from such investments shall be charged to the Capital Subaccount. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Trustee's Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Trustee shall notify the Issuer and the Bond Issue shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of "Eligible Institution." (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (PSNH Funding LLC 2), Indenture (PSNH Funding LLC 2)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofBonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 2 contracts

Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (SWEPCO Storm Recovery Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofRate Reduction Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to the Collection Account (it being understood that all income or gain from investments of moneys deposited in the Capital Subaccount shall be credited to the Capital Subaccount, and any loss resulting from such Collection Accountinvestments shall be charged to the Capital Subaccount). The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or an Event of Default shall have occurred and be continuing with respect to the Recovery Rate Reduction Bonds but the Recovery Rate Reduction Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall (x) invest or reinvest such funds at the direction of the Holders of a majority of the Outstanding Amount of the Rate Reduction Bonds, if such direction has been provided, or (y) not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 2 contracts

Samples: Indenture (PSNH Funding LLC 3), Indenture (PSNH Funding LLC 3)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Note Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Indenture Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Note Issuer.

Appears in 2 contracts

Samples: Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account for each Series of Bonds shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery related Series of Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account for each Series of Bonds shall be deposited by the Indenture Trustee in the Collection Account for such Collection AccountSeries, and any loss resulting from such investments shall be charged to the Collection Account for such Collection AccountSeries. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account for such Series of Bonds unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the any Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account for a particular Series of Bonds resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account for a particular Series of Bonds to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds of such Series but the Recovery Bonds of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account for such Series in the one or more investments which qualify as investments in money market fund (funds described under clause (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the any Servicer may, pursuant to the applicable Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Oncor Electric Delivery Transition Bond Co LLC), Indenture (Oncor Electric Delivery Transition Bond Co LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external Independent counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions or provided an Issuer Order or Issuer Request for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more money market fund (funds described under clause (d) of the definition of “Eligible Investments”) specified in ” pursuant to the most recent written investment directions directions, Issuer Order or Issuer Request delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Note Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Note Issuer.

Appears in 2 contracts

Samples: Indenture (CPL Transition Funding LLC), Indenture (CPL Transition Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related tranche, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofBonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 2 contracts

Samples: Indenture (Cleco Power LLC), Indenture (Cleco Power LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external Independent counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more money market fund (funds described under clause (d) of the definition of “Eligible Investments”) specified in ” pursuant to the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Entergy Arkansas Restoration Funding, LLC), Indenture (Entergy Arkansas Restoration Funding, LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Investment Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external Independent counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Investment Recovery Bonds but the Investment Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more money market fund (funds described under clause (d) of the definition of “Eligible Investments”) specified in ” pursuant to the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Note Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Indenture Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 2 contracts

Samples: Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC)

General Provisions Regarding the Collection Account. (a) So For so long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and related Series of Notes, (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity thereof and (iii) if such Eligible Investments have a maturity of one month or less, such Eligible Investments (or the date provider thereof) must have a long-term unsecured debt rating of redemption at least A2 by Xxxxx'x or a certificate of deposit rating of at least P-1 by Xxxxx'x, and if such Eligible Investments have a maturity of greater than one month, such Eligible Investments (or the provider thereof) must have a long- term unsecured debt rating of at least A1 by Xxxxx'x and a certificate of deposit rating of at least P-1 by Xxxxx'x. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no haveno liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (Sierra Pacific Power Co)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account for each Series of Bonds shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery related Series of Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account for each Series of Bonds shall be deposited by the Indenture Trustee in the Collection Account for such Collection AccountSeries, and any loss resulting from such investments shall be charged to the Collection Account for such Collection AccountSeries. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account for such Series of Bonds unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the 60 liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account for a particular Series of Bonds resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account for a particular Series of Bonds to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds of such Series but the Recovery Bonds of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account for such Series in the one or more investments which qualify as investments in money market fund (funds described under clause (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (Oncor Electric Delivery Transition Bond Co LLC)

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General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested.deposited (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Note Issuer.

Appears in 1 contract

Samples: Indenture (Comed Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; PROVIDED, HOWEVER, that all income or other gain from investments of moneys deposited in the Capital Subaccount or the Servicer Advance Subaccount shall be retained in the Capital Subaccount or the Servicer Advance Subaccount, as the case may be, and any loss resulting from such investments shall be charged to the Capital Subaccount or the Servicer Advance Subaccount, as the case may be. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Trustee's Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Trustee shall notify the Issuer and the Bond Issue shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of "Eligible Institution." (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (PSNH Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Indenture Trustee (in its capacity as such) or in the name of a nominee of the Indenture Trustee (or, if, as indicated by an Opinion of Counsel delivered to the Indenture Trustee, applicable law provides for perfection of pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the issuer of such investment, such pledge may be so registered), (ii) the Indenture Trustee shall have sole control over such investment, the income thereon and the proceeds of thereof, (iii) any certificate or other instrument evidencing such sale, in either case without any further action by any Person, and, in connection with any direction investment shall be delivered directly to the Indenture Trustee to make any or its agent, and (iv) the proceeds of each sale of such an investment or sale, if requested shall be remitted by the Indenture Trustee, the Issuer shall deliver purchaser thereof directly to the Indenture Trustee an Opinion of Counsel of external counsel of for deposit in the Issuer Collection Account. (at the Issuer’s cost and expensec) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Indenture Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the The Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Indenture Trustee in accordance with their terms.an Issuer Order; provided, however, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.04(b), such Issuer Order may authorize the Indenture Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, then or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Indenture Trustee shall, shall invest and reinvest the funds then in the Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Indenture Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified in the most recent written making any investment directions delivered required by the Issuer to this Section 8.04(e), the Indenture Trustee with respect shall be entitled to take into account the availability to it, in the normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such type investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to this clause (iii) shall mature no later than the first date following the date of Eligible Investments; provided that if such investment on which the Indenture Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid State Homes Trust Xi)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Storm Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external Independent counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions or provided an Issuer Order or Issuer Request for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Storm Recovery Bonds but the Storm Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more money market fund (funds described under clause (d) of the definition of “Eligible Investments”) specified in ” pursuant to the most recent written investment directions directions, Issuer Order or Issuer Request delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer. (e) If the Collection Account fails to qualify as an Eligible Account at any point in time, then within thirty (30) days either (i) that failure must be cured or (ii) the Collection Account shall be moved to an Eligible Institution at which it will qualify as an Eligible Account.

Appears in 1 contract

Samples: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Note Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Indenture Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select direct the investment (including investment in Eligible Investments Investments) of moneys in the Collection Account on behalf of the Note Issuer.

Appears in 1 contract

Samples: Indenture (Illinois Power Securitization Limited Liability Co)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Bond Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Bond Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Bond Issuer will not direct the Indenture Bond Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account Collection Account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Bond Trustee to make any such investment or sale, if requested by the Indenture Bond Trustee, the Bond Issuer shall deliver to the Indenture Bond Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Bond Trustee, to such effect. In no event shall the Indenture Bond Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Bond Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Bond Issuer or the Servicer to provide timely written investment direction. The Indenture Bond Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Bond Trustee’s Corporate Trust Office, falls below the rating requirements set forth in which case clause (b) of the definition of Eligible Institution, the [Bond Issuer] [Servicer] shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b) of the definition of “Eligible Institution. (b) Subject to Section 6.01(c), the Indenture Bond Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Bond Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Bond Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Bond Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Bond Trustee by 11:00 a.m. am. Eastern Time (or such other time as may be agreed by the Bond Issuer and Indenture Bond Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Bond Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (described under in clause (d) of the definition of “Eligible Investments”) specified in the most recent written investment directions delivered by the Bond Issuer to the Indenture Bond Trustee with respect to such type of Eligible Investments; provided that if the Bond Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsBond Trustee, the Indenture Bond Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Bond Indenture (OE Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Mortgage Assets, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Indenture Trustee (in its capacity as such) or in the name of a nominee of the Indenture Trustee (or, if, as indicated by an Opinion of Counsel delivered to the Indenture Trustee, applicable law provides for perfection of pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the issuer of such investment, such pledge may be so registered), (ii) the Indenture Trustee shall have sole control over such investment, the income thereon and the proceeds of thereof, (iii) any certificate or other instrument evidencing such sale, in either case without any further action by any Person, and, in connection with any direction investment shall be delivered directly to the Indenture Trustee to make any or its agent, and (iv) the proceeds of each sale of such an investment or sale, if requested shall be remitted by the Indenture Trustee, the Issuer shall deliver purchaser thereof directly to the Indenture Trustee an Opinion of Counsel of external counsel of for deposit in the Issuer Collection Account. (at the Issuer’s cost and expensec) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Indenture Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the The Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Indenture Trustee in accordance with their terms.an Issuer Order; provided, however, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.04(b), such Issuer Order may authorize the Indenture Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, then or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Indenture Trustee shall, shall invest and reinvest the funds then in the Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Indenture Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified in the most recent written making any investment directions delivered required by the Issuer to this Section 8.04(e), the Indenture Trustee with respect shall be entitled to take into account the availability to it, in the normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such type investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to this clause (iii) shall mature no later than the first date following the date of Eligible Investments; provided that if such investment on which the Indenture Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid State Capital Corp)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment DateDate for the related tranche, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofEnergy Transition Bonds. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the any Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely and specific written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time New York City time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; Day or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Energy Transition Bonds but the Recovery Energy Transition Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of “Eligible Investments”) Investments specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible InvestmentsTrustee; provided provided, that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer existsTrustee, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer; provided, however, that any such investment direction on behalf of the Issuer must be given in writing to the Indenture Trustee. (e) Except as otherwise provided hereunder or agreed in writing among the parties hereto, the Issuer shall retain the authority to institute, participate and join in any plan of reorganization, readjustment, merger or consolidation with respect to the issuer of any Eligible Investments held hereunder, and, in general, to exercise each and every other power or right with respect to each such asset or investment as Persons generally have and enjoy with respect to their own assets and investment, including power to vote upon any Eligible Investments.

Appears in 1 contract

Samples: Indenture (Cleco Power LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds related Series of Notes and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Note Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Indenture Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Note Issuer.

Appears in 1 contract

Samples: Indenture (Central & South West Corp)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Texas Stabilization N Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s 's cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the The Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. The Indenture Trustee shall not in any way be held liable by reason of any insufficiency of the Texas Stabilization N Bond Collateral. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Texas Stabilization N Bonds but the Recovery Texas Stabilization N Bonds shall not have been declared due and payable pursuant to Section 5.02, then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such Collection Account in the money market fund (described under clause (d) of the definition of "Eligible Investments") specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the name of a nominee of the Trustee (or, if, as indicated by an opinion of Counsel delivered to the Trustee, applicable law provides for perfection of pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the issuer of such investment, such pledge may be so registered), (ii) the Trustee shall have sole control over such investment, the income thereon and the proceeds thereof, (iii) any certificate or other instrument evidencing such investment shall be delivered directly to the Trustee or its agent, and (iv) the proceeds of each sale of such sale, in either case without any further action an investment shall be remitted by any Person, and, in connection with any direction the purchaser thereof directly to the Indenture Trustee for deposit in the Collection Account. (c) If any amounts are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make any such investment or saledisbursement, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the Indenture The Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Trustee in accordance with their terms.an Issuer Order; provided, however, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.04(b), such Issuer Order may authorize the Trustee to make the specific investments set forth therein, to make investments from time to time In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for to the Trustee by 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds on deposit are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee by 11:00 a.m. Eastern Time (or to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Fund are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Fund are being applied in accordance with Section 5.08, the Trustee shall invest and reinvest the funds then in the Indenture Trustee shall, Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified making any investment required by this Section 8.04 (e), the Trustee shall be entitled to take into account the availability to it, in the most recent written normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to clause (iii) above shall mature no later than the first date following the date of such investment directions delivered by on which the Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Nations Asset Securities Inc)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed -------- ------- later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and related Series of Notes, (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity thereof and (iii) if such Eligible Investments have a maturity of one month or less, such Eligible Investments (or the date provider thereof) must have a long-term unsecured debt rating of redemption at least A2 by Moody's (or the equivalent thereof by the other Rating Agencies) or a certificate of deposit rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies), and if such Eligible Investments have a maturity of greater than one month, such Eligible Investments (or the provider thereof) must have a long-term unsecured debt rating of at least A1 by Moody's (or the equivalent thereof by the other Rating Agencies) and a certificate of deposit rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (Pg&e Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and related Series of Notes, (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity thereof and (iii) if such Eligible Investments have a maturity of one month or less, such Eligible Investments (or the date provider thereof) must have a long-term unsecured debt rating of redemption at least A2 by Moody's (or the equivalent thereof by the other Rating Agencies) or a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies), and if such Eligible Investments have a maturity of greater than one month, such Eligible Investments (or the provider thereof) must have a long-term unsecured debt rating of at least A1 by Moody's (or the equivalent thereof by the other Rating Agencies) and a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes of any Series but the Recovery Bonds Notes of such Series shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (Sce Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; providedPROVIDED, howeverHOWEVER, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity thereof and (iii) if such Eligible Investments have a maturity of one month or less, such Eligible Investments (or the date provider thereof) must have a long-term unsecured debt rating of redemption at least A2 by Moody's (or the equivalent thereof by the other Rating Agencies) or a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies), and if such Eligible Investments have a maturity of greater than one month, such Eligible Investments (or the provider thereof) must have a long-term unsecured debt rating of at least A1 by Moody's (or the equivalent thereof by the other Rating Agencies) and a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; PROVIDED, HOWEVER, that all income or other gain from investments of moneys deposited in the Capital Subaccount shall be retained in the Capital Subaccount, and any loss resulting from such investments shall be charged to the Capital Subaccount. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Note Indenture (Bec Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; provided, however, that all income or other gain from investments of moneys deposited in the Capital Subaccount or the Servicer Advance Subaccount shall be retained in the Capital Subaccount or the Servicer Advance Subaccount, as the case may be, and any loss resulting from such investments shall be charged to the Capital Subaccount or the Servicer Advance Subaccount, as the case may be. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Trustee, to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Trustee's Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Trustee shall notify the Issuer and the Bond Issue shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of "Eligible Institution." (b) Subject to Section 6.01(c)The Trustee may not be relieved from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that:, the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s 's failure to make payments on such Eligible Exxxxxxx Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02Acceleration of Maturity; Rescission and Annulment. If an Event of Default, other than an Event of Default pursuant to a breach of the State Pledge by the State of New Hampshire., should occur and be continuing, then and in every such case, the Indenture Trustee may and, upon the written direction of the Holders of Bonds representing not less than a majority of the Outstanding Amount of the Bonds, shall declare all the Bonds to be immediately due and payable, by a notice in writing to the Issuer and upon any such declaration the unpaid principal amount of the Bonds, together with accrued and unpaid interest thereon through the date of acceleration, shall become immediately due and payable.; then the Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (PSNH Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the proceeds name of such salea nominee of the Trustee (or, in either case without any further action if, as indicated by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel delivered to the Trustee, applicable law provides for perfection of external counsel pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the Issuer issuer of such investment, such pledge may be so registered), (at ii) the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of sole control over such investment, the liquidation of income thereon and the proceeds thereof, (iii) any Eligible Investment prior certificate or other instrument evidencing such investment shall be delivered directly to its stated maturity the Trustee or its date agent, and (iv) the proceeds of redemption or each sale of such an investment shall be remitted by the failure of purchaser thereof directly to the Issuer or Trustee for deposit in the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest Collection Account. (c) If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the Indenture The Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Trustee in accordance with their terms.an Issuer Order; provided, however, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.03(b), such Issuer Order may authorize the Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for to the Trustee by 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds on deposit are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee by 11:00 a.m. Eastern Time (or to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Trustee shall invest and reinvest the funds then in the Indenture Trustee shall, Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified making any investment required by this Section 8.03(e), the Trustee shall be entitled to take into account the availability to it, in the most recent written normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to clause (iii) above shall mature no later than the first date following the date of such investment directions delivered by on which the Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid State Trust Vi)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the proceeds name of such salea nominee of the Trustee (or, in either case without any further action if, as indicated by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel delivered to the Trustee, applicable law provides for perfection of external counsel pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the Issuer issuer of such investment, such pledge may be so registered), (at ii) the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of sole control over such investment, the liquidation of income thereon and the proceeds thereof, (iii) any Eligible Investment prior certificate or other instrument evidencing such investment shall be delivered directly to its stated maturity the Trustee or its date agent, and (iv) the proceeds of redemption or each sale of such an investment shall be remitted by the failure of purchaser thereof directly to the Issuer or Trustee for deposit in the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest Collection Account. (c) If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the Indenture The Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Trustee in accordance with their terms.an Issuer Order; PROVIDED, HOWEVER, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.03(b), such Issuer Order may authorize the Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for to the Trustee by 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds on deposit are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee by 11:00 a.m. Eastern Time (or to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Trustee shall invest and reinvest the funds then in the Indenture Trustee shall, Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified making any investment required by this Section 8.04(e), the Trustee shall be entitled to take into account the availability to it, in the most recent written normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to clause (iii) above shall mature no later than the first date following the date of such investment directions delivered by on which the Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid State Trust Vi)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Note Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity thereof and (iii) if such Eligible Investments have a maturity of one month or less, such Eligible Investments (or the date provider thereof) must have a long-term unsecured debt rating of redemption at least A2 by Moody's (or the equivalent thereof by the other Rating Agencies) or a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies), and if such Eligible Investments have a maturity of greater than one month, such Eligible Investments (or the provider thereof) must have a long-term unsecured debt rating of at least Aaa by Moody's (or the equivalent thereof by the other Rating Agencies) and a short-term rating of at least P-1 by Moody's (or the equivalent thereof by the other Rating Agencies). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Note Trustee in such the Collection Account, and any loss resulting from such investments shall be charged to such the Collection Account; provided, however, that all income or other gain from investments of moneys deposited in the Capital Subaccount shall be retained in the Capital Subaccount, and any loss resulting from such investments shall be charged to the Capital Subaccount. The Note Issuer will not direct the Indenture Note Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Note Trustee to make any such investment or sale, if requested by the Indenture Note Trustee, the Note Issuer shall deliver to the Indenture Note Trustee an Opinion of Counsel of external counsel of Counsel, reasonably acceptable to the Issuer (at the Issuer’s cost and expense) Note Trustee, to such effect. In no event shall the Indenture Note Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Note Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Note Issuer or the Servicer to provide timely written investment direction. The Indenture Note Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order. If the rating of the Eligible Institution, which may be the Note Trustee's Corporate Trust Office, falls below the rating requirements set forth in which case clause (b)(i) of the definition of Eligible Institution, the Note Trustee shall notify the Delaware Trustee and the Certificate Indenture provides that the Delaware Trustee, on behalf of the Certificate Issuer, shall, within one month after notice of such amounts shall remain uninvestedrating change, cause the Collection Account to be transferred to an institution meeting the requirements set forth in clause (b)(i) of the definition of "Eligible Institution." (b) Subject to Section 6.01(c), the Indenture Note Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Note Trustee’s 's failure to make payments on such Eligible Investments issued by the Indenture Note Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Note Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Note Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Note Issuer and Indenture Note Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds Notes but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Note Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the money market fund (one or more investments described under clause paragraph (dg) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Note Indenture (Cl&p Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the proceeds name of such salea nominee of the Trustee (or, in either case without any further action if, as indicated by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel delivered to the Trustee, applicable law provides for perfection of external counsel pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the Issuer issuer of such investment, such pledge may be so registered), (at ii) the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of sole control over such investment, the liquidation of income thereon and the proceeds thereof, (iii) any Eligible Investment prior certificate or other instrument evidencing such investment shall be delivered directly to its stated maturity the Trustee or its date agent, and (iv) the proceeds of redemption or each sale of such an investment shall be remitted by the failure of purchaser thereof directly to the Issuer or Trustee for deposit in the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest Collection Account. (c) If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the Indenture The Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Trustee in accordance with their terms.an Issuer Order; PROVIDED, HOWEVER, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.04(b), such Issuer Order may authorize the Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for to the Trustee by 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds on deposit are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee by 11:00 a.m. Eastern Time (or to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Trustee shall invest and reinvest the funds then in the Indenture Trustee shall, Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified making any investment required by this Section 8.04(e), the Trustee shall be entitled to take into account the availability to it, in the most recent written normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to clause (iii) above shall mature no later than the first date following the date of such investment directions delivered by on which the Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid State Trust Vi)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default The Collection Account shall have occurred relate solely to the Notes and be continuingto the Accounts, all or a portion of Eligible Investments and other property securing the funds Notes. Funds and other property in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and (ii) such Eligible Investments shall not be sold, liquidated commingled with any other moneys or otherwise disposed property of at a loss prior to the maturity Issuer or the date of redemption any Affiliate thereof. All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Account, and any loss resulting from such investments shall be charged to such Collection Account. . (b) The Issuer will not direct the Indenture Trustee to make any investment of any funds in the Collection Account or to sell any investment held in the Collection Account unless except under the security interest Granted following terms and perfected in such account will continue to be perfected in conditions: (i) each such investment shall be made in the name of the Trustee (in its capacity as such) or in the proceeds name of such salea nominee of the Trustee (or, in either case without any further action if, as indicated by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel delivered to the Trustee, applicable law provides for perfection of external counsel pledges of an investment not evidenced by a certificate or other instrument through registration of such pledge on books maintained by or on behalf of the Issuer issuer of such investment, such pledge may be so registered), (at ii) the Issuer’s cost and expense) to such effect. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of sole control over such investment, the liquidation of income thereon and the proceeds thereof, (iii) any Eligible Investment prior certificate or other instrument evidencing such investment shall be delivered directly to its stated maturity the Trustee or its date agent, and (iv) the proceeds of redemption or each sale of such an investment shall be remitted by the failure of purchaser thereof directly to the Issuer or Trustee for deposit in the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest Collection Account. (c) If any amounts held hereunder are needed for disbursement from the Collection Account and sufficient uninvested funds are not available therein to make such disbursement, in the absence of written investment direction pursuant to an Issuer OrderOrder for the liquidation of investments held therein in an amount sufficient to provide the required funds, the Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in which case such amounts shall remain uninvestedthe Collection Account. (bd) Subject to Section 6.01(c), the Indenture The Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to its liability on investments which are liabilities of the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, Trustee in its commercial capacity as principal an obligor of any Eligible Investment. (e) All investments of funds in the Collection Account and not all sales of investments held in the Collection Account shall, except as trusteeprovided below, be made by the Trustee in accordance with their terms.an Issuer Order; provided, however, such Issuer Order shall specify investment of such funds only in Eligible Investments. Subject to compliance with the requirements of Sections 8.02(b) and 8.03(b), such Issuer Order may authorize the Trustee to make the specific investments set forth therein, to make investments from time to time consistent with the general instructions set forth therein, or to make specific investments pursuant to written, telegraphic or telephonic instructions of the employees or agents of the Issuer identified therein, in each case only in Eligible Investments and in such amounts as such Issuer Order shall specify. In the event that: (c) If (i) the Issuer shall have failed to give written investment directions for to the Trustee by 10:30 a.m. Eastern Time on the Business Day prior to any day on which funds on deposit are due to be deposited in the Collection Account (whether with respect to Remittances or payments of principal of or interest on Eligible Investments) authorizing the Indenture Trustee by 11:00 a.m. Eastern Time (or to invest such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or funds, (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds Notes shall not have been declared due and payable pursuant to Section 5.02, or if such Notes shall have been declared due and payable following an Event of Default, amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.05, or (iii) an Event of Default shall have occurred and be continuing, the Notes shall have been declared due and payable pursuant to Section 5.02 and amounts collected or receivable from the Trust Estate are being applied in accordance with Section 5.08, the Trustee shall invest and reinvest the funds then in the Indenture Trustee shall, Collection Account to the fullest extent practicable, invest and reinvest funds in such Collection Account manner as the Trustee shall from time to time determine, but only in the money market fund Eligible Investments described in paragraph (described under clause (da) of the definition thereof. In determining the practicability of “Eligible Investments”) specified making any investment required by this Section 8.03(e), the Trustee shall be entitled to take into account the availability to it, in the most recent written normal course of its corporate trust business, of investments of the required maturity and in the amounts available to be invested. All investments made pursuant to clause (i) above shall mature on the next Business Day following the date of such investment, all such investments made pursuant to clause (ii) above shall mature no later than the maturity date therefor permitted by Section 8.02(b), and all investments made pursuant to clause (iii) above shall mature no later than the first date following the date of such investment directions delivered by on which the Trustee proposes to make a distribution to Holders of Notes pursuant to Section 5.08. (f) Subject to the restriction on the maturity of investments set forth in Section 8.02(b) and notwithstanding subsection (e) above, the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written will give appropriate and timely investment directions to the Indenture Trustee or if such that at the money market fund specified close of business on not more than two Business Days in any one calendar year not more than an aggregate of $25,000 of funds in the most recent written investment directions no longer existsCollection Account are not invested pursuant, the Indenture Trustee shall not invest directly or reinvest such funds indirectly, to an Issuer Order in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments bearing interest or sold at a discount which mature on behalf or after the opening of business on the Issuernext Business Day.

Appears in 1 contract

Samples: Indenture (Mid-State Homes Inc)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not (i) mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and or (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofthereof (unless they are in default). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Accountthe General Subaccount, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effectGeneral Subaccount. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereon. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (PG&E Energy Recovery Funding LLC)

General Provisions Regarding the Collection Account. (a) So long as no Default or Event of Default shall have occurred and be continuing, all or a portion of the funds in the Collection Account shall be invested in Eligible Investments and reinvested by the Indenture Trustee upon Issuer Order; provided, however, that (i) such Eligible Investments shall not (i) mature or be redeemed later than the Business Day prior to the next Payment Date or Special Payment Date, if applicable, for the Recovery Bonds and or (ii) such Eligible Investments shall not be sold, liquidated or otherwise disposed of at a loss prior to the maturity or the date of redemption thereofthereof (unless they are in default). All income or other gain from investments of moneys deposited in the Collection Account shall be deposited by the Indenture Trustee in such Collection Accountthe General Subaccount, and any loss resulting from such investments shall be charged to such Collection Account. The Issuer will not direct the Indenture Trustee to make any investment of any funds or to sell any investment held in the Collection Account unless the security interest Granted and perfected in such account will continue to be perfected in such investment or the proceeds of such sale, in either case without any further action by any Person, and, in connection with any direction to the Indenture Trustee to make any such investment or sale, if requested by the Indenture Trustee, the Issuer shall deliver to the Indenture Trustee an Opinion of Counsel of external counsel of the Issuer (at the Issuer’s cost and expense) to such effectGeneral Subaccount. In no event shall the Indenture Trustee be liable for the selection of Eligible Investments or for investment losses incurred thereonInvestments. The Indenture Trustee shall have no liability in respect of losses incurred as a result of the liquidation of any Eligible Investment prior to its stated maturity or its date of redemption or the failure of the Issuer or the Servicer to provide timely written investment direction. The Indenture Trustee shall have no obligation to invest or reinvest any amounts held hereunder in the absence of written investment direction pursuant to an Issuer Order, in which case such amounts shall remain uninvested. (b) Subject to Section 6.01(c), the Indenture Trustee shall not in any way be held liable by reason of any insufficiency in the Collection Account resulting from any loss on any Eligible Investment included therein except for losses attributable to the Indenture Trustee’s failure to make payments on such Eligible Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee, in accordance with their terms. (c) If (i) the Issuer shall have failed to give written investment directions for any funds on deposit in the Collection Account to the Indenture Trustee by 11:00 a.m. Eastern Time (or such other time as may be agreed by the Issuer and Indenture Trustee) on any Business Day; or (ii) a Default or Event of Default shall have occurred and be continuing with respect to the Recovery Bonds but the Recovery Bonds shall not have been declared due and payable pursuant to Section 5.02, ; then the Indenture Trustee shall, to the fullest extent practicable, invest and reinvest funds in such the Collection Account in the one or more investments which qualify as investments in money market fund (funds described under clause paragraph (d) of the definition of Eligible Investments”) specified in the most recent written investment directions delivered by the Issuer to the Indenture Trustee with respect to such type of Eligible Investments; provided that if the Issuer has never delivered written investment directions to the Indenture Trustee or if the money market fund specified in the most recent written investment directions no longer exists, the Indenture Trustee shall not invest or reinvest such funds in any investments. (d) The parties hereto acknowledge that the Servicer may, pursuant to the Servicing Agreement, select Eligible Investments on behalf of the Issuer.

Appears in 1 contract

Samples: Indenture (PG&E Energy Recovery Funding LLC)

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