PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed. (a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain: (i) a reference to Docket No. 52302 (ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement; (iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and (iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs. (b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either: (i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds, (ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or (iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended. (c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 3 contracts
Samples: Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Administrator shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 52302;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costsqualified costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Administration Agreement (Entergy Texas, Inc.), Administration Agreement (Entergy Texas, Inc.), Administration Agreement (Entergy Texas, Inc.)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture (other than the Series Supplement) shall be effective unless the process set forth in this Section 8.02 9.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Issuer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230239931;
(ii) an Officer’s Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Indenture; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)9.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modificationsupplemental indenture, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modificationsupplemental indenture. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii9.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification supplemental indenture on the last day of such extension of time. Any amendment or modification supplemental indenture requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification supplemental indenture and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b9.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Issuer under Section 8.02(a)9.03(a) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Issuer to the PUCT, the Issuer Indenture Trustee and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC), Indenture (AEP Transition Funding III LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230249308;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 3 contracts
Samples: Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC), Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC), Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 6.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 52302;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)6.02(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b6.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a6.02(a), the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Seller to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture (other than the Series Supplement) shall be effective unless the process set forth in this Section 8.02 9.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Issuer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 52302;
(ii) an Officer’s Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Indenture; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)9.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modificationsupplemental indenture, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modificationsupplemental indenture. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii9.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification supplemental indenture on the last day of such extension of time. Any amendment or modification supplemental indenture requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification supplemental indenture and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b9.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Issuer under Section 8.02(a)9.03(a) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Issuer to the PUCT, the Issuer Indenture Trustee and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture (other than the Series Supplement) shall be effective unless the process set forth in this Section 8.02 9.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Issuer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230249308;
(ii) an Officer’s Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Indenture; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)9.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modificationsupplemental indenture, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modificationsupplemental indenture. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii9.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification supplemental indenture on the last day of such extension of time. Any amendment or modification supplemental indenture requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification supplemental indenture and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b9.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Issuer under Section 8.02(a)9.03(a) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Issuer to the PUCT, the Issuer Indenture Trustee and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed8.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230225230;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The If the PUCT or its staff shallshall have, within thirty fifteen days (30subject to extension as provided in Section 8.02(c) days below) of receiving the a notification complying with Section 8.02(a)) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers delivered to the office of the person specified in Section 8.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment or modification, then such proposed amendment or modification shall not be effective unless and until the PUCT subsequently delivers a written statement that it does not object to such proposed amendment or modification.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 8.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the such proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the such proposed amendment or modification will shall not under any circumstances increase ongoing Qualified Costs be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 8.02(a)(iii) no later than above a written statement as described in Section 8.02(b) above, unless and until the last day of PUCT subsequently delivers a written statement that it does not object to such extension of proposed amendment or modification.
(d) If the PUCT or its staff shall have not delivered written notice that the PUCT might object to such proposed amendment or modification within the time periods described in Section 8.02(b) or Section 8.02(c) above, whichever is applicable, then the PUCT shall be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to and such amendment or modification and (ii) the first day after the expiration may subsequently become effective upon satisfaction of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended8.01.
(ce) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a)) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 3 contracts
Samples: Transition Property Servicing Agreement (Txu Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Administrator shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230249308;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costsqualified costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Administration Agreement (AEP Texas Restoration Funding LLC), Administration Agreement (AEP Texas Restoration Funding LLC), Administration Agreement (AEP Texas Restoration Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 6.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230249308;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)6.02(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b6.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a6.02(a), the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Seller to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 3 contracts
Samples: Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC), Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC), Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed6.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01 above (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationmodification pursuant to the terms of the Indenture), the Servicer Seller shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230225230;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 6.02(c) below) of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment or modification, then such proposed amendment or modification shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the such proposed amendment or modification. , then such proposed amendment or modification shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement as described in Section 6.02(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(d) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment or modification within the time periods described in the manner set forth in the preceding sentenceSection 6.02(b) or Section 6.02(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to and such amendment or modification and (ii) the first day after the expiration may subsequently become effective upon satisfaction of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended6.01.
(ce) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a)6.02(a) above, the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 3 contracts
Samples: Transition Property Purchase and Sale Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Purchase and Sale Agreement (Txu Electric Delivery Transition Bond Co LLC), Transition Property Purchase and Sale Agreement (Oncor Electric Delivery Transition Bond Co LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed8.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230221528;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The If the PUCT or its staff shallshall have, within thirty fifteen days (30subject to extension as provided in Section 8.02(c) days below) of receiving the a notification complying with Section 8.02(a)) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers delivered to the office of the person specified in Section 8.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment or modification, then such proposed amendment or modification shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 8.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the such proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the such proposed amendment or modification will shall not under any circumstances increase ongoing Qualified Costs be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 8.02(a)(iii) no later than above a written statement as described in Section 8.02(b) above, unless and until the last day of PUCT subsequently delivers a written statement in writing that it does not object to such extension of proposed amendment or modification.
(d) If the PUCT or its staff shall have not delivered written notice that the PUCT might object to such proposed amendment or modification within the time periods described in Section 8.02(b) or Section 8.02(c) above, whichever is applicable, then the PUCT shall be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to and such amendment or modification and (ii) the first day after the expiration may subsequently become effective upon satisfaction of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended8.01.
(ce) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a)) above, the Servicer and the Note Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 2 contracts
Samples: Transition Property Servicing Agreement (CPL Transition Funding LLC), Transition Property Servicing Agreement (CPL Transition Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230239931;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 2 contracts
Samples: Transition Property Servicing Agreement (AEP Transition Funding III LLC), Transition Property Servicing Agreement (AEP Transition Funding III LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.02, no amendment or modification of Sections 4.01 (with respect to the Independent Manager Fee described in subsection (a)), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless the process set forth in this Section 8.02 11.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.02 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Member shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230232475;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)11.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii11.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii11.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b11.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.03(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Member to the PUCT, the Issuer Indenture Trustee, the Independent Managers and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Aep Texas Central Co), Limited Liability Company Agreement (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.02, no amendment or modification of Sections 4.01 (with respect to the Independent Manager Fee described in subsection (a)), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless the process set forth in this Section 8.02 11.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)11.02 above, the Servicer Member shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 52302;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)11.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii11.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii11.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b11.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.03(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Member to the PUCT, the Issuer Indenture Trustee, the Independent Managers and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Entergy Texas, Inc.), Limited Liability Company Agreement (Entergy Texas, Inc.)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Administrator shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230233586;
(ii) 9; an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Administration Agreement (Entergy Gulf States Reconstruction Funding I, LLC), Administration Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 6.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230239931;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)6.02(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b6.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a6.02(a), the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Seller to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC), Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Administrator shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230239931;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costsqualified costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Administration Agreement (AEP Transition Funding III LLC), Administration Agreement (AEP Transition Funding III LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.01, no amendment or modification of Sections 4.01 (with respect to the fees of the Independent Managers described in clause First), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed.11.02:
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.01 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Member shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230225230;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person Person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and;
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 11.02(v) below) of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii11.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment, then such proposed amendment shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(v) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent such proposed amendment, then such proposed amendment shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement as described in Section 11.02(iv) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification. .
(vi) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment within the time periods described in the manner set forth in the preceding sentenceSection 11.02(iv) or Section 11.02(v) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of and such extension of time. Any amendment or modification requiring the consent may subsequently become effective upon satisfaction of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended11.01.
(cvii) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.02(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Oncor Electric Delivery Transition Bond Co LLC), Limited Liability Company Agreement (Oncor Electric Delivery Transition Bond Co LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed6.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01 above, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230221528;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 6.02(c) below) of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment or modification, then such proposed amendment or modification shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the such proposed amendment or modification. , then such proposed amendment or modification shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement as described in Section 6.02(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(d) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment or modification within the time periods described in the manner set forth in the preceding sentenceSection 6.02(b) or Section 6.02(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to and such amendment or modification and (ii) the first day after the expiration may subsequently become effective upon satisfaction of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended6.01.
(ce) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a)6.02(a) above, the Servicer Seller and the Note Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 2 contracts
Samples: Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC), Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Administrator shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230232475;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Administration Agreement (Aep Texas Central Co), Administration Agreement (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 6.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230232475 and to any other Docket No. under which a Financing Order has been issued;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)6.02(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b6.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a6.02(a), the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Seller to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Transition Property Purchase and Sale Agreement (Aep Texas Central Co), Transition Property Purchase and Sale Agreement (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture (other than the initial Series Supplement) shall be effective unless the process set forth in this Section 8.02 9.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Issuer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230232475 and to any other Docket No. under which a Financing Order has been issued;
(ii) an Officer’s Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Indenture; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)9.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modificationsupplemental indenture, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modificationsupplemental indenture. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii9.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification supplemental indenture on the last day of such extension of time. Any amendment or modification supplemental indenture requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification supplemental indenture and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b9.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Issuer under Section 8.02(a)9.03(a) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Issuer to the PUCT, the Issuer Indenture Trustee and the Indenture TrusteeServicer.
Appears in 2 contracts
Samples: Indenture (Aep Texas Central Co), Indenture (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture (other than the Series Supplement) shall be effective unless the process set forth in this Section 8.02 9.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Issuer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230237247;
(ii) an Officer’s Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Indenture; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)9.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modificationsupplemental indenture, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)9.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modificationsupplemental indenture. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification supplemental indenture will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii9.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification supplemental indenture on the last day of such extension of time. Any amendment or modification supplemental indenture requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification supplemental indenture and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b9.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Issuer under Section 8.02(a)9.03(a) above, the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Issuer to the PUCT, the Issuer Indenture Trustee and the Indenture TrusteeServicer.
Appears in 1 contract
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.01, no amendment or modification of Sections 4.01 (with respect to the fees of the Independent Managers described in clause First), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed11.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.01 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Member shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230221528;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and;
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 11.02(c) below) of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii11.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment, then such proposed amendment shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment.
(v) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent such proposed amendment, then such proposed amendment shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement as described in Section 11.02(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification. amendment.
(vi) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment within the time periods described in the manner set forth in the preceding sentenceSection 11.02(b) or Section 11.02(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of and such extension of time. Any amendment or modification requiring the consent may subsequently become effective upon satisfaction of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended11.01.
(cvii) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.02(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 1 contract
Samples: Limited Liability Company Agreement (CPL Transition Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.01, no amendment or modification of Sections 4.01 (with respect to the fees of the Independent Managers described in clause First), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed11.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.01 above, (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), amendment) the Servicer Member shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230221528;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and;
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 11.02(c) below) of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii11.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment, then such proposed amendment shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment.
(v) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 11.02(a) above, delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent such proposed amendment, then such proposed amendment shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 11.02(a)(iii) above a written statement as described in Section 11.02(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification. amendment.
(vi) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment within the time periods described in the manner set forth in the preceding sentenceSection 11.02(b) or Section 11.02(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of and such extension of time. Any amendment or modification requiring the consent may subsequently become effective upon satisfaction of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended11.01.
(cvii) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.02(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 1 contract
Samples: Limited Liability Company Agreement (CPL Transition Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(aSection
8.01 (a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230232475 and to any other Docket No. under which a Financing Order has been issued;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230237247;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Administrator shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230237247;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 1 contract
Samples: Administration Agreement (Entergy Texas Restoration Funding, LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.02, no amendment or modification of Sections 4.01 (with respect to the Independent Manager Fee described in subsection (a)), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless the process set forth in this Section 8.02 11.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.02 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Member shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
: (i) a reference to Docket No. 52302
49308; (ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
; (iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
and (iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costsqualified costs related to the System Restoration Bonds.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, either:
: (i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Bonds,
, (ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)11.03(a)(iii) above, or
or (iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii11.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii11.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b11.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.03(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Member to the PUCT, the Issuer Indenture Trustee, each Independent Manager and the Indenture TrusteeServicer.
Appears in 1 contract
Samples: Limited Liability Company Agreement (AEP Texas Restoration Funding LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)11.02, no amendment or modification of Sections 4.01 (with respect to the Independent Manager Fee described in subsection (a)), 4.02, 5.04, and 7.03 of this Agreement shall be effective unless the process set forth in this Section 8.02 11.03 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 11.02 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Member shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230239931;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costsqualified costs related to the Transition Bonds.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)11.03(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)11.03(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii11.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii11.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b11.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Member under Section 8.02(a)11.03(a) above, the Servicer and the Issuer Member shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Member to the PUCT, the Issuer Indenture Trustee, each Independent Manager and the Indenture TrusteeServicer.
Appears in 1 contract
Samples: Limited Liability Company Agreement (AEP Transition Funding III LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed9.03.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Seller shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230221528;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Agreement or, if the consent of the Holders is required or being sought by the Indenture Trustee, that the supplemental indenture has been approved by all parties to this agreement other than the Holders subject to the consent of the Holders; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 9.03(c) below) of receiving a notification complying with Section 9.03(a) above, delivered to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement that the PUCT might object to the proposed supplemental indenture, then such proposed supplemental indenture shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed supplemental indenture.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 9.03(a) above, delivered to the office of the person specified in Section 9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent such supplemental indenture, then such proposed supplemental indenture shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 9.03(a)(iii) above a written statement as described in Section 9.03(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification. supplemental indenture.
(d) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed supplemental indenture within the time periods described in the manner set forth in the preceding sentenceSection 9.03(b) or Section 9.03(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that be conclusively deemed not to have any objection to the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to supplemental indenture and such supplemental indenture may subsequently become effective upon satisfaction of the person other conditions specified in Section 8.02(a)(iii) no later than the last day of such extension of time 9.01 or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended9.
(ce) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a)9.03(a) above, the Servicer Seller and the Note Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trusteesupplemental indenture.
Appears in 1 contract
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)9.01 or 9.02, no amendment or modification of this Agreement supplemental indenture shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed9.03.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification supplemental indenture and after obtaining the other necessary approvals set forth in Section 8.01(a) (9.01 or 9.02, as applicable, except that for the consent of the Indenture Trustee may be subject to and the Holders if the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification)supplemental indenture, the Servicer Seller shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendmentsupplemental indenture, which notification shall contain:
(i) a reference to Docket No. 5230225230;
(ii) an Officer’s 's Certificate stating that the proposed amendment or modification supplemental indenture has been approved by all parties to this Agreement;Agreement or, if the consent of the Holders is required or being sought by the Indenture Trustee, that the supplemental indenture has been approved by all parties to this agreement other than the Holders, subject to the consent of the Holders; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification supplemental indenture or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 9.03(c) below) of receiving a notification complying with Section 9.03(a) above, delivered to the office of the person specified in Section 8.02(a)(iii9.03(a)(iii) above a written statement that the PUCT might object to the proposed supplemental indenture, then such proposed supplemental indenture shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed supplemental indenture.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 9.03(a) above, delivered to the office of the person specified in Section 9.03(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent such supplemental indenture, then such proposed supplemental indenture shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 9.03(a)(iii) above a written statement as described in Section 9.03(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification. supplemental indenture.
(d) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed supplemental indenture within the time periods described in the manner set forth in the preceding sentenceSection 9.03(b) or Section 9.03(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that be conclusively deemed not to have any objection to the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to supplemental indenture and such supplemental indenture may subsequently become effective upon satisfaction of the person other conditions specified in Section 8.02(a)(iii) no later than the last day of such extension of time 9.01 or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended9.
(ce) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a)9.03(a) above, the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendmentsupplemental indenture. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.66
Appears in 1 contract
Samples: Indenture (Oncor Electric Delivery Transition Bond Co LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)13, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 14 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 13 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationamendment), the Servicer Administrator shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230237247;
(ii) 9; an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)14(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)14(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii14(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii14(a)(iii) above no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b14(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Administrator under Section 8.02(a)14(a) above, the Servicer and the Issuer Administrator shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Administrator to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 1 contract
Samples: Administration Agreement (Entergy Texas Restoration Funding, LLC)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a), no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendment, which notification shall contain:
(i) a reference to Docket No. 5230232475 and to any other Docket No. under which a Financing Order has been issued;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs qualified costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs qualified costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer under Section 8.02(a), the Servicer and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.
Appears in 1 contract
Samples: Transition Property Servicing Agreement (Aep Texas Central Co)
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless except upon satisfaction of the process set forth conditions precedent in this Section 8.02 has been followed6.02.
(a) At least thirty-one (31) fifteen days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01 above (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modificationmodification pursuant to the terms of the Indenture), the Servicer Seller shall have delivered to the PUCT’s 's executive director and general counsel written notification of any proposed amendment, which notification shall contain:
: (i) a reference to Docket No. 52302
25230; (ii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;
; and (iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a), either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii), or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a), If the PUCT or its staff delivers shall have, within fifteen days (subject to extension as provided in Section 6.02(c) below) of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement that the PUCT might object to the proposed amendment or modification, then such proposed amendment or modification shall not be effective unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(c) If the PUCT or its staff shall have, within fifteen days of receiving a notification complying with Section 6.02(a) above, delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the such proposed amendment or modification. , then such proposed amendment or modification shall not be effective if, within such extended period, the PUCT shall have delivered to the office of the person specified in Section 6.02(a)(iii) above a written statement as described in Section 6.02(b) above, unless and until the PUCT subsequently delivers a written statement in writing that it does not object to such proposed amendment or modification.
(d) If the PUCT or its staff requests an extension of shall have not delivered written notice that the PUCT might object to such proposed amendment or modification within the time periods described in the manner set forth in the preceding sentenceSection 6.02(b) or Section 6.02(c) above, whichever is applicable, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have consented any objection to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to and such amendment or modification and (ii) the first day after the expiration may subsequently become effective upon satisfaction of the thirty (30)-day period provided for other conditions specified in this Section 8.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended6.01.
(ce) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a)6.02(a) above, the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof to the PUCT, the Issuer and the Indenture Trustee.19 <PAGE> SECTION
Appears in 1 contract
PUCT Condition. Notwithstanding anything to the contrary in Section 8.01(a)6.01, no amendment or modification of this Agreement shall be effective unless the process set forth in this Section 8.02 6.02 has been followed.
(a) At least thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 8.01(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification), the Servicer Seller shall have delivered to the PUCT’s executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain:
(i) a reference to Docket No. 5230237247;
(ii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Agreement;; and
(iii) a statement identifying the person to whom the PUCT or its staff is to address any response to the proposed amendment or modification or to request additional time; and
(iv) a statement as to the possible effect of the amendment or modification on the ongoing Qualified Costs.;
(b) The PUCT or its staff shall, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, either:
(i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the ongoing Qualified Costs related to the System Restoration Transition Bonds,
(ii) provide notice of its consent or lack of consent to the person specified in Section 8.02(a)(iii)6.02(a)(iii) above, or
(iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 8.02(a)6.02(a) above, the PUCT or its staff delivers to the office of the person specified in Section 8.02(a)(iii6.02(a)(iii) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider whether to consent to the proposed amendment or modification. If the PUCT or its staff requests an extension of time in the manner set forth in the preceding sentence, then the PUCT shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase ongoing Qualified Costs to the person specified in Section 8.02(a)(iii6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed to have consented to the proposed amendment or modification on the last day of such extension of time. Any amendment or modification requiring the consent of the PUCT shall become effective on the later of (i) the date proposed by the parties to such amendment or modification and (ii) the first day after the expiration of the thirty (30)-day period provided for in this Section 8.02(b6.02(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended.
(c) Following the delivery of a notice to the PUCT by the Servicer Seller under Section 8.02(a6.02(a), the Servicer Seller and the Issuer shall have the right at any time to withdraw from the PUCT further consideration of any notification of a proposed amendment. Such withdrawal shall be evidenced by the Servicer’s giving prompt written notice thereof by the Seller to the PUCT, the Indenture Trustee, the Issuer and the Indenture TrusteeServicer.
Appears in 1 contract
Samples: Transition Property Purchase and Sale Agreement (Entergy Texas Restoration Funding, LLC)
