Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows: (a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC at Xxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000; (b) in the case of the Indenture Trustee, to the Corporate Trust Office; (c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and (d) in the case of S&P, to Standard & Poor’s Ratings Services, a Standard & Poor’s Financial Services LLC business, Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email). Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 4 contracts
Samples: Indenture (Consumers Energy Co), Indenture (Consumers Energy Co), Indenture (Consumers 2014 Securitization Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission (including email) with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 DTE Electric Securitization Funding LLC II LLC, at Xxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000-1279, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Xxxxxxx X. Xxxxxxx;
(b) in the case of the Indenture Trustee, to U.S. Bank Trust Company, National Association, at the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(d) in the case of Moody’s, to Xxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) and XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices); and
(e) in the case of the Commission, to Michigan Public Service Commission, 0000 X. Xxxxxxx Xxx., Lansing, Michigan 48917, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions or directions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.
Appears in 3 contracts
Samples: Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC PNM Energy Transition Bond Company I, LLC, at Xxx 400 Xxxxxx XxxxxXxx. SW, XxxxxxxAlbuquerque, Xxxxxxxx 00000New Mexico 87102, Attention: Corporate SecretaryPresident, Telephone: (000) 000-0000, FacsimileEmail: (000) 000-0000txxxxxxx@xxxxxxxxxxxx.xxx;
(b) in the case of (i) the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee, and (ii) a Responsible Officer of the Indenture Trustee, to the Corporate Trust Office of the Indenture Trustee, made to the attention of: Jxxx Xxxxxxxxx, Mxxx Xxx Xxxxxx and Mxxxxxx Xxxxx;
(c) in the case of Moody’s, to Xxxxx’x Investors ServiceMxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade CenterXxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andsxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission, New Mexico Public Regulation Commission, at 1000 Xxxxx Xx Xxxxxxx, Xxxxx Fe, New Mexico 87501, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 3 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)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission (including email) with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC WEPCo Environmental Trust Finance I, LLC, at Xxx Xxxxxx Xxxxx200 Xxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000, Attention: Corporate SecretaryAxxxxxx X. Xxxxx, Vice President and Treasurer, Telephone: (000) 000-0000, Email: axxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to [•];
(c) in the case of Fitch, to Fitch Ratings, Inc., 30 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000, Facsimile: (000) 000-0000, Email [•];
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Moody’s, to Mxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 200 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, Email: sxxxxxxxxxxxxx@xxxxxx.xxx; and
(f) in the case of the PSCW, to Public Service Commission of Wisconsin, 4000 Xxxxxxx Xxxxx Xxx, Xxxxxxx, Xxxxxxxxx 00000, Telephone: [_______], Email: [•]. Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 3 contracts
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. (a) Any request, demand, authorization, direction, notice, report consent, waiver or Act of Holders or other communication documents provided or permitted by this Indenture to be made upon, given hereunder or furnished to or filed with:
(i) the Indenture Trustee by any Holder or by the Issuer shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing by facsimile transmission, first-class mail or overnight delivery service to or with the Indenture Trustee at the Corporate Trust Office,
(ii) the Issuer by the Indenture Trustee or by any Holder shall be sufficient for every purpose hereunder if in writing and shall be effective (i) upon receipt when sent through the mailsmailed, registered or certified mail, return receipt requestedfirst-class, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receiptIssuer addressed to: Entergy Texas Restoration Funding II, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC at Xxx Xxxxxx XxxxxCapital Center, Xxxxxxx000 Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxxx 000-X, Xxxxxx, Xxxxx 00000, Attention: Corporate SecretaryManager, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer. The Issuer shall promptly transmit any notice received by it from the Holders to the Indenture Trustee, or
(iii) the PUCT by the Seller, the Issuer or the Indenture Trustee shall be sufficient for every purpose hereunder if in writing and mailed, first-class, postage prepaid, to the PUCT addressed to: to 0000 X. Xxxxxxxx Xxxxxx, X.X. Xxx 00000, Xxxxxx, Texas 78711-3326, Attention of Executive Director, telephone: (000) 000-0000, facsimile: (000) 000-0000 and General Counsel, telephone: (000) 000-0000, Facsimile: (000) 000-0000.
(b) Notices required to be given to the Rating Agencies by the Issuer or the Indenture Trustee shall be in writing, facsimile, personally delivered or mailed by certified mail, or email in the case of the Indenture TrusteeStandard & Poor’s, to the Corporate Trust Office;return receipt requested to:
(ci) in the case of Moody’s, to to: Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx XxxxxxXxxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(dii) in the case of S&PStandard & Poor’s, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P Standard & Poor’s in writing by email). Each party hereto may,
(iii) in the case of Fitch, to Fitch Ratings, Xxx Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000, Facsimile: (000) 000-0000, and
(iv) as to each of the foregoing, at such other address as shall be designated by written notice given in accordance herewith to the other party parties. Any notice, report or parties heretoother communication given hereunder may be in writing and addressed as follows or to the extent receipt is confirmed telephonically sent by Electronic Means to the address provided above. The Indenture Trustee shall have the right to accept and act upon instructions, designate any further or different address including funds transfer instructions (“Instructions”) given pursuant to this Indenture and related Basic Documents and delivered using Electronic Means; provided, however, that the Issuer shall provide to the Indenture Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which subsequent notices, reports and other communications incumbency certificate shall be sentamended by the whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Indenture Trustee Instructions using Electronic Means and the Indenture Trustee in its discretion elects to act upon such Instructions, the Indenture Trustee’s understanding of such Instructions shall be deemed controlling. The Issuer understands and agrees that the Indenture Trustee cannot determine the identity of the actual sender of such Instructions and that the Indenture Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Indenture Trustee have been sent by such Authorized Officer. The Issuer shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Indenture Trustee and that the Issuer and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Indenture Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Indenture Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.
Appears in 3 contracts
Samples: Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Atmos Energy Kansas Securitization Funding LLC at Xxx Xxxxxx XxxxxI, LLC, 1800 Three Lincoln Centre 0000 XXX Xxxxxxx, Xxxxxxxx Xxxxxx Xxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Chief Financial Officer;
(b) in the case of (i) the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee, and (ii) a Responsible Officer of the Indenture Trustee, to the Corporate Trust Office of the Indenture Trustee, made to the attention of: Xxxx Xxxxxxxxx (Email: xxxx.xxxxxxxxx0@xxxxxx.xxx), Xxxxxxx Xxxxx (Email: xxxxxxx.xxxxx@xxxxxx.xxx) and Xxxxxxx Xxxxxx (Email: xxxxxxx.xxxxxx@xxxxxx.xxx);
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices) and xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) (all such notices and reports to be delivered to Moody’s in writing by email); and;
(d) in the case of S&PFitch, to Standard & Poor’s Ratings ServicesFitch, a Standard & Poor’s Financial Services LLC businessRatings, Structured Credit SurveillanceInc., 00 Xxxxx 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Email: xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx, Telephone: (000) 000-0000; and
(e) in the case of the Kansas Commission, Emailto 0000 XX Xxxxxxxxx Xxxx, Xxxxxx, Xxxxxx 00000-0000, Attention: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email)Executive Director. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 3 contracts
Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Duke Energy Carolinas NC Storm Funding LLC at Xxx 000 Xxxxx Xxxxxx XxxxxXxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Corporate SecretaryManagers, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in In the case of Moody’s, to Xxxxx’x Investors ServiceInvestor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andxxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission and the Public Staff – North Carolina Utilities Commission, by filing a notice in docket E-7 Sub 1243 with a copy delivered to the Director of the Commission and the Executive Director of the Public Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (Duke Energy Carolinas NC Storm Funding LLC), Indenture (Duke Energy Carolinas NC Storm Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding Duke Energy Florida Project Finance, LLC at Xxx 000 Xxxxx Xxxxxx Xxxxx, XxxxxxxXx. Xxxxxxxxxx, Xxxxxxxx Xxxxxxx 00000, Attention: Corporate SecretaryManagers, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’sFitch, to Xxxxx’x Investors ServiceFitch Ratings, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 00 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, EmailAttention: xxxxxxxxxxxxxxx@xxxxxx.xxx ABS Surveillance, Telephone: (all such notices to be delivered to Moody’s in writing by email); and000) 000-0000, Facsimile: (000) 000-0000;
(d) in the case of S&P, to Standard & Poor’s Ratings Services, a Standard & Poor’s Financial Services LLC business, Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission, Florida Public Services Commission, 0000 Xxxxxxx Xxx Blvd., Tallahassee, Florida, 32399-0850, Attention: Staff Director of Accounting & Finance. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 2 contracts
Samples: Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 SIGECO Securitization Funding LLC at Xxx Xxxxxx I, LLC, 000 XX Xxxxxxxxx Xxxxx, XxxxxxxXxxx 000-00, Xxxxxxxx Xxxxxxxxxx, Xxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee;
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices) and xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) (all such notices and reports to be delivered to Moody’s in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Indiana Commission, to 000 X. Xxxxxxxxxx Street, Suite 1500E, Indianapolis, Indiana 46204, Attention: Chief of Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Kansas Gas Service Securitization Funding LLC at Xxx Xxxxxx I, L.L.C., 00 Xxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices) and xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) (all such notices and reports to be delivered to Moody’s in writing by email); and;
(d) in the case of S&PFitch, to Standard & Poor’s Ratings ServicesFitch, a Standard & Poor’s Financial Services LLC businessRatings, Structured Credit SurveillanceInc., 00 Xxxxx 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000; and
(e) in the case of the Kansas Commission, Emailto 0000 XX Xxxxxxxxx Xxxx, Xxxxxx, Xxxxxx 00000-0000, Attention: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email)Executive Director. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (Kansas Gas Service Securitization I, L.L.C.), Indenture (Kansas Gas Service Securitization I, L.L.C.)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given to the Indenture Trustee hereunder shall be in writing and shall be effective upon receipt by a Responsible Officer of the Indenture Trustee. Any notice, report or other communication given to any other party hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 2023 Securitization Funding LLC at Xxx LLC, Oxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, ; Telephone: (000) 000-0000, Facsimile; Email: (000) 000-0000Txxx.Xxxxxx@xxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade CenterXxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx sxxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) or axxxxxxxxxxxxxxx@xxxxxx.xxx (for all other notices) (all such notices to be delivered to Moody’s in writing by email); and
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email). Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”), given pursuant to this Indenture and related Basic Documents and delivered using Electronic Means; provided, however, that the Issuer and/or the Servicer, as applicable, shall provide to the Indenture Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Issuer and/or the Servicer, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Servicer, as applicable, elects to give the Indenture Trustee Instructions using Electronic Means and the Indenture Trustee in its discretion elects to act upon such Instructions, the Indenture Trustee’s understanding of such Instructions shall be deemed controlling. The Issuer and the Servicer understand and agree that the Indenture Trustee cannot determine the identity of the actual sender of such Instructions and that the Indenture Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Indenture Trustee have been sent by such Authorized Officer. The Issuer and the Servicer shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Indenture Trustee and that the Issuer, the Servicer and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Servicer, as applicable. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. Each of the Issuer and the Servicer agree: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Indenture Trustee, including the risk of the Indenture Trustee acting on unauthorized Instructions and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Indenture Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Servicer, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Indenture Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. Pursuant to Section 8.13 of the Servicing Agreement, the Servicer has agreed to the provisions set forth in this last paragraph of this Section 10.04 insofar as such provisions relate to the Servicer.
Appears in 2 contracts
Samples: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Duke Energy Progress NC Storm Funding LLC at Xxx 000 Xxxxx Xxxxxxxxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Corporate SecretaryManagers, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in In the case of Moody’s, to Xxxxx’x Investors ServiceInvestor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andxxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission and the Public Staff – North Carolina Utilities Commission, by filing a notice in docket E-2 Sub 1262 with a copy delivered to the Director of the Commission and the Executive Director of the Public Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (Duke Energy Progress NC Storm Funding LLC), Indenture (Duke Energy Progress NC Storm Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. (a) Any request, demand, authorization, direction, notice, report consent, waiver or Act of Holders or other communication documents provided or permitted by this Indenture to be made upon, given hereunder or furnished to or filed with:
(i) the Indenture Trustee by any Holder or by the Issuer shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing by electronic communication, first-class mail or overnight delivery service to or with the Indenture Trustee at the Corporate Trust Office;
(ii) the Issuer by the Indenture Trustee or by any Holder shall be sufficient for every purpose hereunder if in writing and shall be effective (i) upon receipt when sent through the mailsmailed, registered or certified mail, return receipt requestedfirst-class, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, Issuer addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization to: PG&E Recovery Funding LLC at Xxx Xxxxxx c/o Pacific Gas and Electric Company, 000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx Xxxxxxxxxx 00000, Attention: Xxxxx X. Xxxx, Vice President, General Counsel and Corporate Secretary, Telephone: (000) 000-0000, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer. The Issuer shall promptly transmit any notice received by it from the Holders to the Indenture Trustee; or
(iii) the CPUC by the Seller, the Issuer or the Indenture Trustee shall be sufficient for every purpose hereunder if in writing and mailed, first-class, postage prepaid, to the CPUC addressed to: California Public Utilities Commission at 000 Xxx Xxxx Xxxxxx, San Francisco, California 94102, Attention: General Counsel, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;.
(b) in Notices required to be given to the case of Rating Agencies by the Issuer or the Indenture TrusteeTrustee shall be in writing, to the Corporate Trust Office;by Electronic Means, personally delivered or mailed by certified mail, return receipt requested to:
(ci) in the case of Moody’s, to to: Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th 24th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(dii) in the case of S&P, to Standard & Poor’s Ratings Services’s, to S&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P Standard & Poor’s in writing by email). Each party hereto may; and
(iii) as to each of the foregoing, at such other address as shall be designated by written notice given in accordance herewith to the other party parties. Any notice, report or parties heretoother communication given hereunder may be in writing and addressed as follows or to the extent receipt is confirmed telephonically sent by Electronic Means to the address provided above. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by Electronic Means; provided, designate any further however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or different address directions to which subsequent noticesthe Indenture Trustee in a timely manner, reports and other communications (b) such originally executed instructions or directions shall be sentsigned by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee by Electronic Means and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of Electronic Means to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (PG&E Recovery Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. (a) Any request, demand, authorization, direction, notice, report consent, waiver or Act of Holders or other communication documents provided or permitted by this Indenture to be made upon, given hereunder shall be in writing and shall be effective or furnished to or filed with:
(i) upon receipt when sent through the mailsIndenture Trustee by any Holder or by the Issuer shall be sufficient for every purpose hereunder if made, registered given, furnished or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted filed in writing by facsimile or other electronic transmission communication, first-class mail or overnight delivery service to or with a confirmation of receipt in all cases, addressed as follows:the Indenture Trustee at the Corporate Trust Office,
(aii) the Issuer by the Indenture Trustee or by any Holder shall be sufficient for every purpose hereunder if in the case of the Issuerwriting and mailed, first-class, postage prepaid, to Consumers 2014 Securitization the Issuer addressed to: SCE Recovery Funding LLC at Xxx 0000 Xxxxxx XxxxxXxxxx Xxxxxx, XxxxxxxX.X. Box 5407, Xxxxxxxx 00000Rosemead, California 91770, Attention: Corporate SecretaryXxxxxxx Xxxxxxxx, Telephone: (000) 000-0000, Email: Xxxxxxx.x.xxxxxxxx@xxx.xxx, or at any other address previously furnished in writing to the Indenture Trustee by the Issuer. The Issuer shall promptly transmit any notice received by it from the Holders to the Indenture Trustee, or
(iii) the CPUC by the Seller, the Issuer or the Indenture Trustee shall be sufficient for every purpose hereunder if in writing and mailed, first-class, postage prepaid, to the CPUC addressed to: California Public Utilities Commission at 000 Xxx Xxxx Xxxxxx, San Francisco, California, 94102, Attention: General Counsel, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;.
(b) in Notices required to be given to the case of Rating Agencies by the Issuer or the Indenture TrusteeTrustee shall be in writing, to the Corporate Trust Office;facsimile, personally delivered or mailed by certified mail, return receipt requested to:
(ci) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(dii) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000212) 000438-00008991, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P Standard & Poor’s in writing by email). Each party hereto may; and
(iii) as to each of the foregoing, at such other address as shall be designated by written notice given in accordance herewith to the other party parties.
(c) Any notice, report or parties heretoother communication given hereunder may be in writing and addressed as follows or to the extent receipt is confirmed telephonically sent by Electronic Means to the address provided above. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, designate any further facsimile transmission or different address other similar unsecured electronic methods; provided, however, that (a) subsequent to which subsequent noticessuch transmission of written instructions, reports the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and other communications (b) such originally executed instructions or directions shall be sentsigned by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization SWEPCO Storm Recovery Funding LLC at Xxx LLC, 000 Xxxxxx XxxxxXxxxxx, XxxxxxxShreveport, Xxxxxxxx 00000Louisiana 71101, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000VP Regulatory & Finance;
(b) in the case of (i) the Indenture Trustee, the Paying Agent and the Storm Recovery Bond Registrar, to the Corporate Trust Office of the Indenture Trustee, and (ii) a Responsible Officer of the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee, made to the attention of: Xxxxxxx Xxxxx (Email: xxxxxxx.xxxxx0@xxxxxx.xxx), Xxxxxxx Xxxxx (Email: xxxxxxx.xxxxx@xxxxxx.xxx) and Xxxxxxx Xxxxxx (Email: xxxxxxx.xxxxxx@xxxxxx.xxx);
(c) in the case of Moody’sXxxxx’x, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s Xxxxx’x in writing by email); and, and solely for purposes of the Rating Agency Condition communications: xxxxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Louisiana Commission, to Xxxxxx Building, 12th Floor, 000 Xxxxx Xxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000, Attention: Executive Secretary. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (SWEPCO Storm Recovery Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission (including email) with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 DTE Electric Securitization Funding LLC I LLC, at Xxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000-0000, Attention: Corporate SecretaryXxxxxxx X. Xxxxxxx, Telephone: (000) 000000)-000-0000, FacsimileEmail: (000) 000-0000xxxxxxx.xxxxxxx@xxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to the The Bank of New York Mellon, at 000 Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxx, Xxx Xxxx New York 10286, Attention: Corporate Trust OfficeAdministration;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(d) in the case of Moody’s, to Xxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, Email: xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) and XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices); and
(e) in the case of the Commission, to Michigan Public Service Commission, 0000 X. Xxxxxxx Xxx., Xxxxxxx, Xxxxxxxx 00000, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 2 contracts
Samples: Indenture (DTE Electric Securitization Funding I LLC), Indenture (DTE Electric Securitization Funding I LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission (including email) with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC WEPCo Environmental Trust Finance I, LLC, at Xxx Xxxxxx Xxxxx200 Xxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000, Attention: Corporate SecretaryAxxxxxx X. Xxxxx, Vice President and Treasurer, Telephone: (000) 000-0000, Email: axxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to [•];
(c) in the case of Fitch, to Fitch Ratings, Inc., 300 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx Email sxxxxxxxxxxx-xxx-xxxxx@xxxxxxxxxxxx.xxx (all such notices to be delivered to Moody’s Fitch in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Moody’s, to Mxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 200 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, Email: sxxxxxxxxxxxxx@xxxxxx.xxx; and
(f) in the case of the PSCW, to Public Service Commission of Wisconsin, 4000 Xxxxxxx Xxxxx Xxx, Xxxxxxx, Xxxxxxxxx 00000, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 1 contract
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Duke Energy Carolinas NC Storm Funding LLC at Xxx 000 Xxxxx Xxxxxx XxxxxXxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Corporate SecretaryManagers, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in In the case of Moody’s, to Xxxxx’x Investors ServiceInvestor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andxxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission and the Public Staff – North Carolina Utilities Commission, by filing a notice in docket E-7 Sub 1243 with a copy delivered to the Director of the Commission and the Executive Director of the Public Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Duke Energy Carolinas NC Storm Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Cleco Securitization Funding LLC at Xxx I LLC, 500 Xxxxx Xxxxx Xxxxxx XxxxxXxxxxx 00, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000-0000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 200 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx SxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Fitch, to Fitch, Ratings, Inc., Oxx Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000; and
(f) in the case of the Louisiana Commission, to Gxxxxx Building, 12th Floor, 600 Xxxxx Xxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000, Attention: Executive Secretary. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Cleco Securitization Funding LLC at Xxx I LLC, 500 Xxxxx Xxxxx Xxxxxx XxxxxXxxxxx 00, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000-0000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Mxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 200 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx SxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Fitch, to Fitch, Ratings, Inc., Oxx Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000; and
(f) in the case of the Louisiana Commission, to Gxxxxx Building, 12th Floor, 600 Xxxxx Xxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000, Attention: Executive Secretary. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding Duke Energy Florida Project Finance, LLC at Xxx 000 Xxxxx Xxxxxx Xxxxx, XxxxxxxXx. Xxxxxxxxxx, Xxxxxxxx Xxxxxxx 00000, Attention: Corporate SecretaryManagers, Telephone: [ ] in care of (000c/o) 000-0000, Facsimile: (000) 000-0000[ ];
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’sFitch, to Xxxxx’x Investors ServiceFitch Ratings, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 00 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, EmailAttention: xxxxxxxxxxxxxxx@xxxxxx.xxx ABS Surveillance, Telephone: (all such notices to be delivered to Moody’s in writing by email); and000) 000-0000, Facsimile: (000) 000-0000;
(d) in the case of S&P, to Standard & Poor’s Ratings Services, a Standard & Poor’s Financial Services LLC business, Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission, Florida Public Services Commission, 0000 Xxxxxxx Xxx Blvd., Tallahassee, Florida, 32399-0850, Attention: Staff Director of Accounting & Finance. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 1 contract
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Cleco Securitization Funding LLC at Xxx I LLC, 500 Xxxxx Xxxxx Xxxxxx XxxxxXxxxxx 00, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000-0000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, the Paying Agent and the Storm Recovery Bond Registar, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Mxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 250 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, EmailXmail: xxxxxxxxxxxxxxx@xxxxxx.xxx SxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 55 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, TelephoneXelephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Fitch, to Fitch, Ratings, Inc., One Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xttention: ABS Surveillance, Telephone: (000) 000-0000; and
(f) in the case of the Louisiana Commission, to Gxxxxx Building, 12th Floor, 602 Xxxxx Xxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000, Xttention: Executive Secretary. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Duke Energy Progress NC Storm Funding LLC at Xxx 000 Xxxxx Xxxxxxxxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Corporate SecretaryManagers, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in In the case of Moody’s, to Xxxxx’x Investors ServiceInvestor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andxxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission and the Public Staff – North Carolina Utilities Commission, by filing a notice in docket E-2 Sub 1262 with a copy delivered to the Director of the Commission and the Executive Director of the Public Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee's understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Duke Energy Progress NC Storm Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any noticeUnless otherwise provided in this Agreement, report or other communication given all demands, notices and communications hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, deemed to have been duly given if personally delivered at or mailed by certified or registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent requested or by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as followsfacsimile:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC at Xxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in In the case of the Indenture Trustee, to the Indenture Trustee at its Corporate Trust Office;Office with a copy to: [INDENTURE TRUSTEE], ____________________, Attention: __________.
(cb) In the case of the Issuer, to: Xxxxx Fargo Student Loan Trust 20__-_, in care of [OWNER TRUSTEE], ____________________, Attention: __________; and the Administrator, ____________________, Attention: __________, or any other address previously furnished in writing to the Indenture Trustee by the Issuer or the Administrator. The Issuer shall promptly transmit any notice received by it from the Noteholders to the Indenture Trustee. Notices required to be given to the Rating Agencies by the Issuer, the Indenture Trustee or the Eligible Lender Trustee shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to (i) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx at the following address: 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, EmailAttention: xxxxxxxxxxxxxxx@xxxxxx.xxx __________ (all such notices to be delivered to Moody’s in writing by email); and
(dii) in the case of S&P, to Standard & Poor’s Ratings Services, a Standard & Poor’s Financial Services LLC business, Structured Credit Surveillance, at the following address: 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, EmailAttention: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx __________, and (all iii) in the case of Fitch, at the following address: Xxx Xxxxx Xxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: __________; or as to each of the foregoing, at such notices to other address as shall be delivered to S&P in writing designated by email). Each party hereto may, by written notice given in accordance herewith to the other party parties. Any notice mailed or parties hereto, designate any further or different address to which subsequent notices, reports and other communications transmitted within the time prescribed in this Indenture shall be sentconclusively presumed to have been duly given, whether or not the addressee receives such notice; provided, however, that any demand, notice or communication to or upon the Issuer or the Indenture Trustee shall not be effective until received.
Appears in 1 contract
Samples: Indenture (Wells Fargo Student Loans Receivables I LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 SIGECO Securitization Funding LLC at Xxx Xxxxxx I, LLC, 000 XX Xxxxxxxxx Xxxxx, XxxxxxxXxxx 000-00, Xxxxxxxx Xxxxxxxxxx, Xxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee;
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center0 Xxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices) and xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) (all such notices and reports to be delivered to Moody’s Xxxxx’x in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx xxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Indiana Commission, to 000 X. Xxxxxxxxxx Street, Suite 1500E, Indianapolis, Indiana 46204, Attention: Chief of Staff. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given to the Indenture Trustee hereunder shall be in writing and shall be effective upon receipt by a Responsible Officer of the Indenture Trustee. Any notice, report or other communication given to any other party hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 2023 Securitization Funding LLC at Xxx LLC, Oxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, ; Telephone: (000) 000-0000, Facsimile; Email: (000) 000-0000Txxx.Xxxxxx@xxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Mxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade CenterXxxxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx sxxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) or axxxxxxxxxxxxxxx@xxxxxx.xxx (for all other notices) (all such notices to be delivered to Moody’s in writing by email); and
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email). Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”), given pursuant to this Indenture and related Basic Documents and delivered using Electronic Means; provided, however, that the Issuer and/or the Servicer, as applicable, shall provide to the Indenture Trustee an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Issuer and/or the Servicer, as applicable, whenever a person is to be added or deleted from the listing. If the Issuer and/or the Servicer, as applicable, elects to give the Indenture Trustee Instructions using Electronic Means and the Indenture Trustee in its discretion elects to act upon such Instructions, the Indenture Trustee’s understanding of such Instructions shall be deemed controlling. The Issuer and the Servicer understand and agree that the Indenture Trustee cannot determine the identity of the actual sender of such Instructions and that the Indenture Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Indenture Trustee have been sent by such Authorized Officer. The Issuer and the Servicer shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Indenture Trustee and that the Issuer, the Servicer and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and/or the Servicer, as applicable. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. Each of the Issuer and the Servicer agree: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Indenture Trustee, including the risk of the Indenture Trustee acting on unauthorized Instructions and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Indenture Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and/or the Servicer, as applicable; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Indenture Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. Pursuant to Section 8.13 of the Servicing Agreement, the Servicer has agreed to the provisions set forth in this last paragraph of this Section 10.04 insofar as such provisions relate to the Servicer.
Appears in 1 contract
Samples: Indenture (Consumers 2023 Securitization Funding LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission (including email) with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC WEPCo Environmental Trust Finance I, LLC, at Xxx Xxxxxx Xxxxx200 Xxxx Xxxxxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000, Attention: Corporate SecretaryAxxxxxx X. Xxxxx, Vice President and Treasurer, Telephone: (000) 000-0000, Email: axxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx;
(b) in the case of the Indenture Trustee, to [•];
(c) in the case of Fitch, to Fitch Ratings, Inc., 300 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000, Facsimile: (000) 000-0000;
(b) in the case of the Indenture Trustee, to the Corporate Trust Office;
(c) in the case of Moody’s, to Xxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx Email sxxxxxxxxxxx-xxx-xxxxx@xxxxxxxxxxxx.xxx (all such notices to be delivered to Moody’s Fitch in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 50 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Telephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Moody’s, to Moody’s Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 200 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, Email: sxxxxxxxxxxxxx@xxxxxx.xxx; and
(f) in the case of the PSCW, to Public Service Commission of Wisconsin, 4000 Xxxxxxx Xxxxx Xxx, Xxxxxxx, Xxxxxxxxx 00000, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party Person or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 1 contract
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Kansas Gas Service Securitization Funding LLC at Xxx Xxxxxx I, L.L.C., 00 Xxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee;
(c) in the case of Moody’s, to Xxxxx’x Moody’s Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Email: xxxxxxxxxxxxxxx@xxxxxx.xxx XXXXXXXxxxxxxxxx@xxxxxx.xxx (for notices) and xxxxxxxxxxxxxx@xxxxxx.xxx (for servicer reports and other reports) (all such notices and reports to be delivered to Moody’s in writing by email); and;
(d) in the case of S&PFitch, to Standard & Poor’s Ratings ServicesFitch, a Standard & Poor’s Financial Services LLC businessRatings, Structured Credit SurveillanceInc., 00 Xxxxx 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: ABS Surveillance, Telephone: (000) 000-0000; and
(e) in the case of the Kansas Commission, Emailto 0000 XX Xxxxxxxxx Xxxx, Xxxxxx, Xxxxxx 00000-0000, Attention: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email)Executive Director. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, upon request, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Kansas Gas Service Securitization I, L.L.C.)
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Securitization Funding LLC PNM Energy Transition Bond Company I, LLC, at Xxx Xxxxxx Xxxxx414 Sxxxxx Xxx. XX, XxxxxxxAlbuquerque, Xxxxxxxx 00000New Mexico 87102, Attention: Corporate SecretaryPresident, Telephone: (000) 000-0000, FacsimileEmail: (000) 000-0000txxxxxxx@xxxxxxxxxxxx.xxx;
(b) in the case of (i) the Indenture Trustee, to the Corporate Trust OfficeOffice of the Indenture Trustee, and (ii) a Responsible Officer of the Indenture Trustee, to the Corporate Trust Office of the Indenture Trustee, made to the attention of: Jxxx Xxxxxxxxx, Mxxx Xxx Xxxxxx and Mxxxxxx Xxxxx;
(c) in the case of Moody’s, to Xxxxx’x Investors ServiceMxxxx’x Investor Services, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade CenterWorxx Xxxxx Xxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, EmailXxxil: xxxxxxxxxxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); andsxxxxxxxxxxxxx@xxxxxx.xxx;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesS&P Global Ratings, a Standard & Poor’s Financial Services LLC businessdivision of S&P Global Inc., Structured Credit Surveillance, 00 Xxxxx 55 Waxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, TelephoneXxxephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email); and
(e) in the case of the Commission, New Mexico Public Regulation Commission, at 1120 Xxxxx Xx Xxxxxxx, Xxxxx Fe, New Mexico 87501, Telephone: (000) 000-0000. Each party hereto Person listed above may, by notice given in accordance herewith to the other party or parties heretoPersons listed above, designate any further or different address to which subsequent notices, reports and other communications shall be sent.
Appears in 1 contract
Notices, etc., to Indenture Trustee, Issuer and Rating Agencies. Any notice, report or other communication given hereunder shall be in writing and shall be effective (i) upon receipt when sent through the mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (ii) upon receipt when sent by an overnight courier, (iii) on the date personally delivered to an authorized officer of the party to which sent or (iv) on the date transmitted by facsimile or other electronic transmission with a confirmation of receipt in all cases, addressed as follows:
(a) in the case of the Issuer, to Consumers 2014 Cleco Securitization Funding LLC at Xxx I LLC, 500 Xxxxx Xxxxx Xxxxxx XxxxxXxxxxx 00, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx 00000-0000, Attention: Corporate Secretary, Telephone: (000) 000-0000, Facsimile: (000) 000-0000Manager;
(b) in the case of the Indenture Trustee, the Paying Agent and the Storm Recovery Bond Registar, to the Corporate Trust OfficeOffice of the Indenture Trustee;
(c) in the case of Moody’s, to Xxxxx’x Mxxxx’x Investors Service, Inc., ABS/RMBS Monitoring Department, 25th Floor, 7 World Trade Center, 000 250 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, EmailXmail: xxxxxxxxxxxxxxx@xxxxxx.xxx SxxxxxxxXxxxxxx@xxxxxx.xxx (all such notices to be delivered to Moody’s in writing by email); and;
(d) in the case of S&P, to Standard & Poor’s Ratings ServicesGroup, a Standard & Poor’s Financial Services LLC businessInc., Structured Credit Surveillance, 00 55 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, TelephoneXelephone: (000) 000-0000, Email: xxxxxxxx_xxxxxxx@xxxxxxxxxxxxxxxx.xxx sxxxxxxx_xxxxxxx@xxxxxxxx.xxx (all such notices to be delivered to S&P in writing by email);
(e) in the case of Fitch, to Fitch, Ratings, Inc., 300 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xttention: ABS Surveillance, Telephone: (000) 000-0000; and
(f) in the case of the Louisiana Commission, to Gxxxxx Building, 12th Floor, 602 Xxxxx Xxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000, Xttention: Executive Secretary. Each party hereto may, by notice given in accordance herewith to the other party or parties hereto, designate any further or different address to which subsequent notices, reports and other communications shall be sent. The Indenture Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that (a) subsequent to such transmission of written instructions, the Issuer shall provide the originally executed instructions or directions to the Indenture Trustee in a timely manner, and (b) such originally executed instructions or directions shall be signed by an authorized representative of the Issuer providing such instructions or directions. If the Issuer elects to give the Indenture Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Indenture Trustee in its discretion elects to act upon such instructions, the Indenture Trustee’s understanding of such instructions shall be deemed controlling. The Indenture Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Indenture Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Indenture Trustee, including without limitation the risk of the Indenture Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
