Investor Communications. (a) The Issuer and the Depositor each represents and agrees that, unless it has obtained or obtains the prior consent of the Representatives, and each Underwriter represents and agrees that, unless it has obtained or obtains the prior consent of the Issuer and the Depositor and the Representatives, it has not made and will not make any offer relating to the Bonds that would constitute an Issuer Free Writing Prospectus or Free Writing Prospectus (other than those identified on Schedule III hereto) required to be filed by the Issuer or the Depositor, as applicable, with the Commission or retained by the Issuer or the Depositor, as applicable, under Rule 433 under the Securities Act; provided that the prior written consent of the parties hereto shall be deemed to have been given in respect of the Pricing Term Sheet and each other Free Writing Prospectus specifically identified in Schedule III hereto.
Appears in 3 contracts
Samples: Underwriting Agreement (Duke Energy Carolinas NC Storm Funding LLC), Underwriting Agreement (Duke Energy Progress NC Storm Funding LLC), Underwriting Agreement (Duke Energy Florida, Llc.)
Investor Communications. (a) The Issuer and the Depositor each represents and agrees that, unless it has obtained or obtains the prior consent of the RepresentativesUnderwriters, and each Underwriter represents and agrees that, unless it has obtained or obtains the prior consent of the Issuer and the Depositor and the RepresentativesUnderwriters, it has not made and will not make any offer relating to the Bonds that would constitute an Issuer Free Writing Prospectus or Free Writing Prospectus (other than those identified on Schedule III and Schedule IV hereto) required to be filed by the Issuer or the Depositor, as applicable, with the Commission or retained by the Issuer or the Depositor, as applicable, under Rule 433 under the Securities Act; provided that the prior written consent of the parties hereto shall be deemed to have been given in respect of the Pricing Term Sheet and each other Free Writing Prospectus specifically identified in Schedule III and Schedule IV hereto.
Appears in 2 contracts
Samples: Underwriting Agreement (Duke Energy Progress SC Storm Funding LLC), Underwriting Agreement (Duke Energy Progress SC Storm Funding LLC)