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 SCE that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCE, the Representatives (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE advises the Underwriters that such Rating Information is posted to 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 (y) 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 SCE. 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.

Appears in 6 contracts

Samples: Underwriting Agreement (SCE Recovery Funding LLC), Underwriting Agreement (SCE Recovery Funding LLC), Underwriting Agreement (SCE Recovery Funding 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 SCE DTE that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEDTE, the Representatives Representative (xa) have has not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE 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, Agency and (yb) have 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 SCEDTE. 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), Underwriting Agreement (DTE Electric Securitization Funding II LLC), Underwriting Agreement (DTE Electric Securitization Funding I LLC)

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and SCE Consumers that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEConsumers, the Representatives (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE Consumers advises the Underwriters that such Rating Information is posted to 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, and (y) 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 SCEConsumers. 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 SCE Liberty that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCELiberty, the Representatives Underwriters (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE Liberty advises the Underwriters that such Rating Information is posted to 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 (y) 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 SCELiberty. 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.

Appears in 2 contracts

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

Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and SCE OPCo that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEOPCo, the Representatives (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE OPCo advises the Underwriters that such Rating Information is posted to 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, and (y) 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 SCEOPCo. 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.

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 SCE Ameren that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEAmeren, the Representatives Underwriters (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE Ameren advises the Underwriters that such Rating Information is posted to 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 (y) 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 SCEAmeren. 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.

Appears in 2 contracts

Samples: Underwriting Agreement (Ameren Missouri Securitization Funding I, LLC), Underwriting Agreement (Ameren Missouri 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 SCE Consumers that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEConsumers, the Representatives Representative (x) have has not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE 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, Agency and (y) have 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 SCEConsumers. 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 SCE PNM that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEPNM, the Representatives (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE PNM advises the Underwriters that such Rating Information is posted to 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 (y) 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 SCEPNM. 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.

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 SCE PSNH that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or SCEPSNH, the Representatives (x) have not delivered, and will not deliver, any Rating Information (as defined below) to any Rating Agency until and unless the Issuer or SCE PSNH advises the Underwriters that such Rating Information is posted to 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, and (y) 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 SCEPSNH. 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)

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