Common use of Optional Preservation of the Collateral Clause in Contracts

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 6 contracts

Samples: Indenture (West Penn Funding LLC), Indenture (Peco Energy Transition Trust), Indenture (West Penn Funding LLC)

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Optional Preservation of the Collateral. If the Transition Securitization Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Securitization Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Securitization Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 5 contracts

Samples: Indenture (Detroit Edison Securitization Funding LLC), Indenture (Consumers Energy Co Financing V), Indenture (Detroit Edison Securitization Funding LLC)

Optional Preservation of the Collateral. If the Transition Nuclear Asset-Recovery Bonds of any Series have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Indenture Trustee may, but need not, elect, as provided in Section 5.11(iii), elect to maintain possession of all or a portion of the Collateral and not sell or liquidate the samerelated Series Collateral. It is the desire of the parties hereto and the Transition Bondholders Holders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Nuclear Asset-Recovery Bonds, and the Bond Indenture Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the sameSeries Collateral. In determining whether to maintain possession of the Series Collateral or sell or liquidate the same, the Bond Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Series Collateral for such purpose.

Appears in 3 contracts

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

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 3 contracts

Samples: Indenture (Atlantic City Electric Transition Funding LLC), Indenture (Pse&g Transition Funding LLC), Indenture (Pse&g Transition Funding LLC)

Optional Preservation of the Collateral. If the BGS Transition Bonds have been declared to be due and payable under Section 5.02 5.2 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the BGS Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the BGS Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 2 contracts

Samples: Indenture (PSE&G Transition Funding II LLC), Indenture (PSE&G Transition Funding II LLC)

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 2 contracts

Samples: Indenture (Pp&l Transition Bond Co Inc), Indenture (Pp&l Transition Bond Co Inc)

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the samesame and apply proceeds as if there had been no declaration of acceleration. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal Principal of and premium, if any, and interest Interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 2 contracts

Samples: Indenture (FPL Recovery Funding LLC), Indenture (Florida Power & Light Co)

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal Principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or certified public accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 2 contracts

Samples: Indenture (JCP&L Transition Funding II LLC), Indenture (JCP&L Transition Funding II LLC)

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Optional Preservation of the Collateral. If the Transition Securitization Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Indenture Trustee may, but need not, elect, as provided in Section 5.11(iii), elect to maintain possession of all or a portion of the Collateral and not sell or liquidate the sameSecuritization Bond Collateral. It is the desire of the parties hereto and the Transition Bondholders Holders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Securitization Bonds, and the Bond Indenture Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the sameSecuritization Bond Collateral. In determining whether to maintain possession of the Securitization Bond Collateral or sell or liquidate the same, the Bond Indenture Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Securitization Bond Collateral for such purpose.

Appears in 2 contracts

Samples: Indenture (DTE Electric Securitization Funding I LLC), Indenture (DTE Electric Securitization Funding I LLC)

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the samesame and apply proceeds as if there had been no declaration of acceleration. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal Principal of and premium, if any, and interest Interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or 33 <PAGE> liquidate the same, the Bond Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 1 contract

Samples: Indenture

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 1 contract

Samples: Indenture (Atlantic City Electric Transition Funding LLC)

Optional Preservation of the Collateral. If the Transition Bonds have been declared to be due and payable under Section 5.02 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Bond Trustee may, but need not, elect, as provided in Section 5.11(iii5.11(c), to maintain possession of the Collateral and not sell or liquidate the same. It is the desire of the parties hereto and the Transition Bondholders that there be at all times sufficient funds for the payment of principal of and premium, if any, and interest on the Transition Bonds, and the Bond Trustee shall take such desire into account when determining whether or not to maintain possession of the Collateral or sell or liquidate the same. In determining whether to maintain possession of the Collateral or sell or liquidate the same, the Bond Trustee may, but need not, obtain and conclusively rely upon an opinion of an Independent investment banking or certified public accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Appears in 1 contract

Samples: Indenture (Jcp&l Transition Funding LLC)

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