Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 23 contracts
Samples: Recovery Property Purchase and Sale Agreement (PACIFIC GAS & ELECTRIC Co), Recovery Property Purchase and Sale Agreement (PG&E Recovery Funding LLC), Recovery Property Purchase and Sale Agreement (PG&E Recovery Funding LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Sale Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Securitization Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 11 contracts
Samples: Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Sale Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Storm Recovery Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its their permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its their permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 10 contracts
Samples: Storm Recovery Property Purchase and Sale Agreement (Duke Energy Progress SC Storm Funding LLC), Storm Recovery Property Purchase and Sale Agreement (Duke Energy Progress SC Storm Funding LLC), Storm Recovery Property Purchase and Sale Agreement (Duke Energy Progress SC Storm Funding LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Securitized Utility Tariff Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 9 contracts
Samples: Securitized Utility Tariff Property Purchase and Sale Agreement (Ameren Missouri Securitization Funding I, LLC), Securitized Utility Tariff Property Purchase and Sale Agreement (Ameren Missouri Securitization Funding I, LLC), Securitized Utility Tariff Property Purchase and Sale Agreement (Ameren Missouri Securitization Funding I, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Sale Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Series A Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 6 contracts
Samples: Energy Transition Property Purchase and Sale Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Purchase and Sale Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Purchase and Sale Agreement (PNM Energy Transition Bond Co I, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery System Restoration Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 6 contracts
Samples: Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.083.08 and Section 3.10 through Section 3.16, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders Transition Bondholders are purchasing the Recovery Transition Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 5 contracts
Samples: Transition Property Sale Agreement, Transition Property Sale Agreement (CenterPoint Energy Transition Bond Co IV, LLC), Transition Property Sale Agreement (CenterPoint Energy Transition Bond Co IV, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Storm Recovery Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 5 contracts
Samples: Storm Recovery Property Purchase and Sale Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Storm Recovery Property Purchase and Sale Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Storm Recovery Property Purchase and Sale Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Transition Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 5 contracts
Samples: Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC), Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC), Transition Property Purchase and Sale Agreement (Entergy Texas Restoration Funding, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ ' good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery BondsNotes, and to reflect the parties’ ' agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Note Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Note Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 3 contracts
Samples: Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC), Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC), Property Purchase and Sale Agreement (Central & South West Corp)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Sale Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Deferred Fuel Cost Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 3 contracts
Samples: Deferred Fuel Cost Property Purchase and Sale Agreement (Virginia Power Fuel Securitization, LLC), Deferred Fuel Cost Property Purchase and Sale Agreement (Virginia Power Fuel Securitization, LLC), Deferred Fuel Cost Property Purchase and Sale Agreement (Virginia Power Fuel Securitization, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Consumer Rate Relief Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 3 contracts
Samples: Property Purchase and Sale Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Purchase and Sale Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Purchase and Sale Agreement (Appalachian Consumer Rate Relief Funding LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Sale Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Environmental Trust Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 3 contracts
Samples: Environmental Control Property Purchase and Sale Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Purchase and Sale Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Purchase and Sale Agreement (WEPCo Environmental Trust Finance I, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Rate Stabilization Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Rate Stabilization Property Purchase and Sale Agreement (RSB Bondco LLC), Rate Stabilization Property Purchase and Sale Agreement (RSB Bondco LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Investment Recovery Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Investment Recovery Property Purchase and Sale Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Investment Recovery Property Purchase and Sale Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Securitization Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.015.01 hereof), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Securitization Property Purchase and Sale Agreement (ONE Gas, Inc.), Securitization Property Purchase and Sale Agreement (Oklahoma Gas & Electric Co)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ ' good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Transition Bonds, and to reflect the parties’ ' agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Transition Property Purchase and Sale Agreement (Entergy Gulf States Reconstruction Funding I, LLC), Transition Property Purchase and Sale Agreement (Entergy Texas Restoration Funding, LLC)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08Article Three, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ ' good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Bonds, and to reflect the parties’ ' agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Storm Recovery Property Sale Agreement (FPL Recovery Funding LLC), Storm Recovery Property Sale Agreement (Florida Power & Light Co)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Rate Reduction Bonds, and to reflect the parties’ agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, Documents on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (PSNH Funding LLC 3), Purchase and Sale Agreement (PSNH Funding LLC 3)
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ ' good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Texas Stabilization N Bonds, and to reflect the parties’ ' agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 1 contract
Samples: Property Purchase and Sale Agreement
Nature of Representations and Warranties. The representations and warranties set forth in this Section 3.08, insofar as they involve conclusions of law, are made not on the basis that the Seller purports to be a legal expert or to be rendering legal advice, but rather to reflect the parties’ parties- good faith understanding of the legal basis on which the parties are entering into this Agreement and the other Basic Documents and the basis on which the Holders are purchasing the Recovery Transition Bonds, and to reflect the parties’ parties- agreement that, if such understanding turns out to be incorrect or inaccurate, the Seller will be obligated to indemnify the Issuer and its permitted assigns (to the extent required by and in accordance with Section 5.01), and that the Issuer and its permitted assigns will be entitled to enforce any rights and remedies under the Basic Documents, on account of such inaccuracy to the same extent as if the Seller had breached any other representations or warranties hereunder.
Appears in 1 contract
Samples: Transition Property Purchase and Sale Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
