Common use of Representations, Warranties and Covenants of the Underwriters Clause in Contracts

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTE, the Representative (a) has not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency and (b) has not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTE. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 3 contracts

Samples: Underwriting Agreement (DTE Electric Securitization Funding II LLC), DTE Electric Securitization Funding II LLC, DTE Electric Securitization Funding I LLC

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Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE the Depositor that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEthe Depositor, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE the Depositor advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEthe Depositor. For purposes of this Section 1315, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 3 contracts

Samples: Underwriting Agreement (Duke Energy Progress NC Storm Funding LLC), Underwriting Agreement (Duke Energy Carolinas NC Storm Funding LLC), Underwriting Agreement (Duke Energy Florida, Llc.)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE Consumers that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEConsumers, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE Consumers advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEConsumers. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 3 contracts

Samples: Underwriting Agreement (Consumers Energy Co), Underwriting Agreement (Consumers 2014 Securitization Funding LLC), Underwriting Agreement (Consumers 2014 Securitization Funding LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE TCC that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTETCC, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE TCC advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTETCC. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: Underwriting Agreement (AEP Transition Funding III LLC), Underwriting Agreement (AEP Transition Funding III LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE OPCo that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEOPCo, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE OPCo advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEOPCo. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: Underwriting Agreement (Ohio Phase-in-Recovery Funding LLC), Underwriting Agreement (Ohio Phase-in-Recovery Funding LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE Consumers that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEConsumers, the Representative (ax) has not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE Consumers advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency and (by) has not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEConsumers. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: Underwriting Agreement (Consumers 2023 Securitization Funding LLC), Underwriting Agreement (Consumers 2023 Securitization Funding LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE PNM that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEPNM, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE PNM advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative Representatives of the Issuer or DTEPNM. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: Underwriting Agreement (PNM Energy Transition Bond Co I, LLC), Underwriting Agreement (PNM Energy Transition Bond Co I, LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE Liberty that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTELiberty, the Representative Underwriters (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE Liberty advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTELiberty. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: Underwriting Agreement (Empire District Bondco, LLC), Underwriting Agreement (Empire District Bondco, LLC)

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Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE SIGECO that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTESIGECO, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE SIGECO advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTESIGECO. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 2 contracts

Samples: SIGECO Securitization I, LLC, SIGECO Securitization I, LLC

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE PSNH that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEPSNH, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE PSNH advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEPSNH. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 1 contract

Samples: Underwriting Agreement (PSNH Funding LLC 3)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE Cleco Power that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTECleco Power, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE Cleco Power advises the Underwriters that such Rating Information is posted to a password-protected website maintained by the Servicer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTECleco Power. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 1 contract

Samples: Cleco Power LLC

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and DTE APCo that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or DTEAPCo, the Representative Representatives (ax) has have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or DTE APCo advises the Underwriters that such Rating Information is posted to a password-protected the Issuer’s website maintained by the Servicer Issuer pursuant to paragraph (a)(3)(iii)(B) of Rule 17g-5 under the Exchange Act in the same form as it will be provided to such Rating Agency Agency, and (by) has have not participated, and will not participate, with any Rating Agency in any oral communication of any Rating Information without the participation of a representative of the Issuer or DTEAPCo. For purposes of this Section 13, “Rating Information” means any information provided to a Rating Agency for the purpose of determining an initial credit rating on the Bonds or maintaining a credit rating on the Bonds.

Appears in 1 contract

Samples: Underwriting Agreement (Appalachian Consumer Rate Relief Funding LLC)

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