Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and PG&E that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or PG&E, 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 PG&E 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 PG&E. 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 5 contracts
Samples: Underwriting Agreement (PG&E Recovery Funding LLC), Underwriting Agreement (PG&E Recovery Funding LLC), Underwriting Agreement (PG&E Recovery Funding LLC)
Representations, Warranties and Covenants of the Underwriters. The Underwriters, severally and not jointly, represent, warrant and agree with the Issuer and PG&E the Depositor that, unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or PG&Ethe Depositor, 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 PG&E the Depositor 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 PG&E. the 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.
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 PG&E VEPCo that, ,
(a) unless the Underwriters obtained, or will obtain, the prior written consent of the Issuer or PG&EVEPCo, 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 PG&E VEPCo 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 PG&E. VEPCo. 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.
Appears in 1 contract
Samples: Underwriting Agreement (Virginia Power Fuel Securitization, LLC)