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Common use of Rule 17g-5 Compliance Clause in Contracts

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 14 contracts

Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Securitized Utility Tariff Bonds or undertaking credit rating surveillance of the Storm Recovery Securitized Utility Tariff Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Securitized Utility Tariff Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Securitized Utility Tariff Bonds or undertaking credit rating surveillance of the Storm Recovery Securitized Utility Tariff Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 6 contracts

Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)

Rule 17g-5 Compliance. (a) The Indenture Bond Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Bond Trustee to any Rating Agency under this Bond Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the initial credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Bond Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Bond Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Bond Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Bond Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Bond Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Bonds Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Bond Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 5 contracts

Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Energy Transition Bonds or undertaking credit rating surveillance of the Storm Recovery Energy Transition Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Energy Transition Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Energy Transition Bonds or undertaking credit rating surveillance of the Storm Recovery Energy Transition Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 4 contracts

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

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Securitization Bonds or undertaking credit rating surveillance of the Storm Recovery Securitization Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Securitization Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Securitization Bonds or undertaking credit rating surveillance of the Storm Recovery Securitization Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 4 contracts

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

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Securitization Bonds or undertaking credit rating surveillance of the Storm Recovery Securitization Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the 17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Securitization Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Securitization Bonds or undertaking credit rating surveillance of the Storm Recovery Securitization Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 3 contracts

Samples: Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Consumer Rate Relief Bonds or undertaking credit rating surveillance of the Storm Recovery Consumer Rate Relief Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Consumer Rate Relief Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Consumer Rate Relief Bonds or undertaking credit rating surveillance of the Storm Recovery Consumer Rate Relief Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 3 contracts

Samples: Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Consumer Rate Relief Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Consumer Rate Relief Bonds or undertaking credit rating surveillance of the Storm Recovery Consumer Rate Relief Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.. [SIGNATURE PAGE FOLLOWS]

Appears in 3 contracts

Samples: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Phase-In Recovery Bonds or undertaking credit rating surveillance of the Storm Phase-In Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Phase-In-Recovery Bonds or for the purposes of determining the initial credit rating of the Storm Phase-In-Recovery Bonds or undertaking credit rating surveillance of the Storm Phase-In-Recovery Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 3 contracts

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

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Nuclear Asset-Recovery Bonds or undertaking credit rating surveillance of the Storm Nuclear Asset-Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Nuclear Asset-Recovery Bonds or for the purposes of determining the initial credit rating of the Storm Nuclear Asset-Recovery Bonds or undertaking credit rating surveillance of the Storm Nuclear Asset-Recovery Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 3 contracts

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

Rule 17g-5 Compliance. (a) The Indenture Certificate Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Certificate Trustee to any Rating Agency under this Certificate Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the initial credit rating of the Storm Recovery Bonds Certificates or undertaking credit rating surveillance of the Storm Recovery Bonds Certificates shall be provided, substantially concurrently, to the Servicer Servicers for posting on a password-protected website (the “17g-5 Website”). The Servicer Servicers shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Certificate Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that that the 17g-5 Website complies with the requirements of this Certificate Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Certificate Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Certificate Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Certificate Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds Certificates or for the purposes of determining the initial credit rating of the Storm Recovery Bonds Certificates or undertaking credit rating surveillance of the Storm Recovery Bonds Certificates with any Rating Agency or any of its respective officers, directors or employees. The Indenture Certificate Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the ServicerServicers, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Certificate Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the ServicerServicers, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 3 contracts

Samples: Certificate Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Certificate Indenture (OE Funding LLC), Certificate Indenture (OE Funding LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting on a the password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 2 contracts

Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (SWEPCO Storm Recovery Funding LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Rate Reduction Bonds or undertaking credit rating surveillance of the Storm Recovery Rate Reduction Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the “17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Rate Reduction Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Rate Reduction Bonds or undertaking credit rating surveillance of the Storm Recovery Rate Reduction Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 2 contracts

Samples: Indenture (PSNH Funding LLC 3), Indenture (PSNH Funding LLC 3)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee Issuer shall cause to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds shall be provided, substantially concurrently, to the Servicer for posting posted on a password-protected website (internet website, at the “17g-5 Website”). The Servicer shall be responsible for posting all of the same time such information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information is provided to the 17g-5 Website Rating Agency, all information (which shall not include any Accountants’ Report) the Issuer provides or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee causes to be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect provided to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds or Rating Agency for the purposes of determining the initial credit rating of the Storm Recovery Bonds Secured Notes or undertaking credit rating surveillance of the Storm Recovery Bonds Secured Notes, in accordance with the following procedures in the case of such credit rating surveillance. (b) To the extent that a Rating Agency makes an inquiry or initiates communications with the Issuer, the Collateral Manager, the Collateral Administrator or the Trustee that is relevant to such Rating Agency’s credit rating surveillance of the Secured Notes, all responses to such inquiries or communications from such Rating Agency shall be formulated in writing by the responding party or its representative or advisor and shall be provided to the 17g- 5 Information Agent who shall promptly post such written response to the 17g-5 Information (c) To the extent that any of the Issuer, the Collateral Manager, the Collateral Administrator or the Trustee is required to provide any information to, or communicate with, any Rating Agency in accordance with its obligations under this Indenture or any of the Collateral Management Agreement (including pursuant to Section 10.11 hereof), the Issuer, the Collateral Manager, the Collateral Administrator or the Trustee, as applicable (or their respective representatives or advisors), shall provide such information or communication to the 17g-5 Information Agent by e-mail at 00x0XXXXXXXXXXX0000-0@xxxxxx.xxx, which the 17g-5 Information Agent shall promptly upload to the 17g-5 Information Agent’s Website in accordance with the procedures set forth in Section 7.20(d) and the Collateral Administration Agreement, and after the applicable party has received written notification that such information has been uploaded to the 17g-5 Information Agent’s Website, the applicable party or its representative or advisor shall provide such information to such Rating Agency. (d) The Issuer, the Collateral Manager, the Collateral Administrator and the Trustee (and their respective officers, directors or employees. The Indenture Trustee representatives and advisors) shall be permitted (but shall not be responsible required) to orally communicate with the Rating Agency regarding any Collateral Obligation or liable for the dissemination Notes; provided, that such party summarizes the information provided to the Rating Agency in such communication and provides the 17g-5 Information Agent with such summary in accordance with the procedures set forth in this Section 7.20 and the Collateral Administration Agreement within one Business Day of such communication taking place. The 17g-5 Information Agent shall post such summary on the 17g-5 Information Agent’s Website in accordance with the procedures set forth in Section 7.20(d) and the Collateral Administration Agreement. (e) All information to be made available to the Rating Agency pursuant to this Section 7.20 shall be emailed to the 17g-5 Information Agent. Information will be posted by the 17g-5 Information Agent to the 17g-5 Information Agent’s Website on the same Business Day of receipt provided, that such information is received by 12:00 p.m. (Eastern time) or, if received after 12:00 p.m. (Eastern time), on the next Business Day. The 17g-5 Information Agent shall have no obligation or duty to verify, confirm or otherwise determine whether the information being delivered is accurate, complete, conforms to the transaction or otherwise is or is not anything other than what it purports to be. In the event that any information is delivered or posted in error, the 17g-5 Information Agent may remove it from the 17g-5 Information Agent’s Website. None of the Trustee, the Collateral Manager, the Collateral Administrator and the 17g-5 Information Agent shall have obtained or shall be deemed to have obtained actual knowledge of any identification numbers or passwords for information solely due to receipt and posting to the 17g-5 Information Agent’s Website. Access will be provided by the Issuer to the Rating Agency, and to any NRSRO upon receipt by the Issuer of an NRSRO Certification from such NRSRO (which may be submitted electronically via the information from the 17g-5 Information Agent’s Website). Questions regarding delivery of information to the 17g-5 Information Agent may be directed to xxxxxxxxxxx0000-0@00x0.xxx. (f) In connection with providing access to the information from the 17g-5 Information Agent’s Website, including by the Servicer, 17g-5 Information Agent may require registration and the Rating Agencies, acceptance of a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other partydisclaimer. Additionally, the Indenture Trustee The 17g-5 Information Agent shall not be liable for unauthorized disclosure of any information that it disseminates in accordance with this Section 7.20 and makes (g) In accordance with SEC Release No. 34-72936, Form 15-E, only in its complete and unedited form which includes the use of Accountants’ Effective Date Comparison AUP Report as an attachment, will be provided by the information posted Independent accountants to the Issuer who will post (or cause to be posted) such Form 15-E on the 17g-5 Information Agent’s Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 1 contract

Samples: Indenture (Blackstone Private Credit Fund)

Rule 17g-5 Compliance. (a) To enable the Rating Agencies to comply with their obligations under Rule 17g-5 promulgated under the Exchange Act (“Rule 17g-5”), the Issuer shall cause to be posted on a password-protected internet website initially located at xxxxx://xxx.xxxxxxxxxxxx.xxx (such website, or such other website address as the Issuer may provide to the Trustee, the Collateral Administrator, the Collateral Manager and the Rating Agencies, the “Issuer’s Website”), at the same time such information is provided to the Rating Agencies, all information the Issuer provides to the Rating Agencies for the purposes of determining the Initial Rating of the Secured Notes or undertaking credit rating surveillance of the Secured Notes. (b) Pursuant to the Collateral Administration Agreement, the Issuer has appointed the Collateral Administrator as its agent (in such capacity, the “Information Agent”) to post to the Issuer’s Website any information that the Information Agent receives from the Issuer, the Trustee or the Collateral Manager (or their respective representatives or advisors) that is designated as information to be so posted. (c) The Indenture Issuer, the Collateral Manager and the Trustee agrees agree that any notice, report, request for satisfaction of the Global Rating Agency Condition, document the Xxxxx’x Rating Condition or the S&P Rating Condition, confirmations from any Rating Agency or other information provided by either of the Indenture Issuer, the Collateral Manager or the Trustee (or any of their respective representatives or advisors) to any Rating Agency hereunder or under this Indenture or any other Basic Transaction Document to which it is a party for the purpose purposes of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds Secured Notes shall be provided, substantially concurrently, by the Issuer, the Collateral Manager or the Trustee, as the case may be, to the Servicer Information Agent for posting on a password-protected website (the “17g-5 Issuer’s Website”). The Servicer shall be responsible for posting all For the avoidance of doubt, the agreement by each of the information on parties set forth in the 17g-5 Websiteimmediately preceding sentence is an agreement by such party solely with respect to such party’s own performance, and is not an assurance of any other party’s performance. (bd) The Notwithstanding any term contained in this Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information elsewhere to the 17g-5 Website or assuring that contrary, the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee may (but shall have no obligation to to) engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents Transaction Documents relating hereto or in any way relating to the Storm Recovery Bonds Notes or for the purposes of determining the initial credit rating Initial Ratings of the Storm Recovery Bonds Secured Notes or undertaking credit rating surveillance of the Storm Recovery Bonds Secured Notes with any Rating Agency or any of its respective officers, directors or employees. (e) The Trustee shall not be responsible for maintaining the Issuer’s Website, posting any information to the Issuer’s Website or assuring that the Issuer’s Website complies with the requirements of this Indenture, Rule 17g-5 or any other law or regulation. In no event shall the Trustee be deemed to make any representation in respect of the content of the Issuer’s Website or compliance by the Issuer’s Website with this Indenture, Rule 17g-5 or any other law or regulation. (f) The Indenture Information Agent and the Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Issuer’s Website, including by the ServicerIssuer, the Rating Agencies, a any nationally recognized statistical rating organization (“NRSRO”)organization, any of their respective agents or any other party. Additionally, neither the Indenture Information Agent nor the Trustee shall not be liable for the use of the information posted on the 17g-5 Issuer’s Website, whether by the ServicerIssuer, the Rating Agencies, an NRSRO any nationally recognized statistical rating organization or any other third party that may gain access to the 17g-5 Issuer’s Website or the information posted thereon. (g) Notwithstanding anything therein to the contrary, the maintenance by the Trustee of the Trustee Website shall not be deemed as compliance by or on behalf of the Issuer with Rule 17g-5 or any other law or regulation related thereto. (h) Notwithstanding anything to the contrary in this Indenture, a breach of this Section 7.20 shall not constitute a Default or an Event of Default. (i) For the avoidance of doubt, no reports of Independent accountants provided for hereunder shall be posted to the Issuer’s Website except as may be required by any applicable law or by any regulatory or governmental authority.

Appears in 1 contract

Samples: Indenture (Apollo Debt Solutions BDC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any noticeTo enable the Issuer to comply with its obligations under Rule 17g-5, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating surveillance of the Storm Recovery Bonds Issuer shall be provided, substantially concurrently, to the Servicer for posting post on a password-protected website (internet website, at the “17g-5 Website”). The Servicer shall be responsible for posting all of the same time such information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information is provided to the 17g-5 Website or assuring that Rating Agencies, all information the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect Issuer provides to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds or Rating Agencies for the purposes of determining the initial credit rating of the Storm Recovery Bonds Secured Notes or undertaking credit rating surveillance of the Storm Recovery Bonds with Secured Notes. Pursuant to the Collateral Administration Agreement, the Issuer has appointed the Collateral Administrator as its agent (in such capacity, the "Information Agent") to post to such website any information that the Information Agent receives from the Issuer, the Trustee or the Collateral Manager that is designated as information to be so posted. (b) The Co-Issuers and the Trustee agree that any notice, report or other information provided by either of the Co-Issuers or the Trustee to the Rating Agency Agencies hereunder or under any other transaction document for the purposes of undertaking credit rating surveillance of the Secured Notes shall be provided, substantially concurrently, by the Co-Issuers or the Trustee, as the case may be, to the Information Agent for posting on such website. (c) To the extent that the Issuer, the Trustee or the Collateral Manager is obligated pursuant to this Indenture or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of other Transaction Document to provide any identification numbers or passwords for the 17g-5 Website, including by the Servicer, information to the Rating Agencies, such information shall be provided to the Rating Agencies in writing and in accordance with the procedures described in this Section 7.20 and the Collateral Administration Agreement. The Issuer, the Trustee or the Collateral Manager, as applicable, shall provide a nationally recognized statistical copy of the information to be provided to the Information Agent. (d) To the extent that the Issuer, the Trustee or the Collateral Manager engages in oral communications with the Rating Agencies for the purposes of undertaking credit rating organization surveillance of any Class of Notes, the Issuer, the Trustee or the Collateral Manager, as applicable, shall cause such oral communication to either be (“NRSRO”)x) recorded and an audio file containing the recording to be delivered to the Information Agent in accordance with the Collateral Administration Agreement or (y) summarized in writing and the summary to be delivered to the Information Agent in accordance with the Collateral Administration Agreement promptly, and in any event, not more than one Business Day after such communication. (e) Each of the Issuer, the Trustee and the Collateral Manager specifically authorizes the Information Agent to post, or cause to be posted, to the password-protected internet website referred to in the first paragraph of this Section 7.20, any information provided to the Information Agent pursuant to this Section 7.20. (f) Notwithstanding the requirements of their respective agents this Section 7.20, neither the Trustee nor the Collateral Administrator shall have any obligation to engage in, or respond to, any inquiry or oral communications from either Rating Agency (provided that the foregoing shall not limit any express obligations of the Trustee hereunder to notify the Rating Agencies of specified events or circumstances as set forth in this Indenture). Neither the Trustee nor the Collateral Administrator shall be responsible for ensuring that the password-protected internet website referred to in the first paragraph of this Section 7.20 complies with the requirements of this Indenture, Rule 17g-5, or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO law or any other third party that may gain access to the 17g-5 Website or the information posted thereonregulation.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any noticeTo enable the Rating Agencies to comply with their obligations under Rule 17g-5, reportthe Information Agent shall post on a password-protected internet website, request for satisfaction in accordance with the provisions hereof and of the Portfolio Management Agreement, all information (which shall not include any Accountants' Report) the Issuer provides to the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party Agencies for the purpose purposes of determining or confirming the initial credit rating of the Storm Recovery Bonds Notes or undertaking credit rating surveillance of the Storm Recovery Bonds Notes. In the case of information provided for the purposes of undertaking credit rating surveillance of the Notes, such information shall be provided, substantially concurrently, to the Servicer for posting posted on a password-password protected internet website (in accordance with the “17g-5 Website”procedures set forth in Section 7.20(b). The Servicer Issuer shall appoint the Portfolio Manager as the Information Agent pursuant to the Portfolio Management Agreement and the sole duty of the Information Agent shall be responsible for posting all to post such information to the 17g-5 Website in accordance with the terms of the Portfolio Management Agreement. (i) To the extent that a Rating Agency makes an inquiry or initiates communications with the Issuer, the Collateral Administrator, the Trustee or the Portfolio Manager that is relevant to such Rating Agency's credit rating surveillance of the Notes, all responses to such inquiries or communications from such Rating Agency shall be formulated in writing by the responding party or its representative or advisor and shall be provided to the Information Agent who shall promptly post such written response to the 17g-5 Website in accordance with the procedures set forth in Section 7.20(b)(iv) and the Portfolio Management Agreement. (ii) To the extent that any of the Issuer, the Portfolio Manager, the Collateral Administrator or the Trustee is required to provide any information to, or communicate with, any Rating Agency in accordance with its obligations under this Indenture or the Portfolio Management Agreement, the Issuer, the Portfolio Manager, the Collateral Administrator or the Trustee, as applicable (or their respective representatives or advisors), shall provide such information or communication to the Information Agent by e-mail at XXXXXXXXXX@XXXXxxxxx.xxx, which the Information Agent shall promptly post to the 17g-5 Website in accordance with the procedures set forth in Section 7.20(b)(iv) and the Portfolio Management Agreement. (iii) The Issuer and the Portfolio Manager (and their respective representatives and advisors) shall be permitted (but shall not be required) to orally communicate with the Rating Agencies regarding any Collateral Obligation or the Notes; provided that such party summarizes the information provided to the Rating Agencies in such communication and provides the Information Agent with such summary in accordance with the procedures set forth in this Section 7.20 within one Business Day of such communication taking place. The Information Agent shall post such summary on the 17g-5 Website in accordance with the procedures set forth in Section 7.20(b)(iv) and the Portfolio Management Agreement. For the avoidance of doubt, neither audio nor video recordings shall be delivered to the Information Agent and if such recordings are delivered to the Information Agent, the Information Agent is not required to post such recordings on the 17g-5 Website unless it otherwise consents. (iv) All information to be made available to the Rating Agencies pursuant to this Section 7.20(b) shall be made available on the 17g-5 Website. Information will be posted by the Information Agent on the same Business Day of receipt provided that such information is received by the Information Agent by 12:00 p.m. (Eastern time) or, if received after 12:00 p.m. (Eastern time), on the next Business Day in accordance with Portfolio Management Agreement. The Information Agent shall have no obligation or duty to verify, confirm or otherwise determine whether the information being delivered is accurate, complete, conforms to the transaction or otherwise is or is not anything other than what it purports to be. In the event that any information is delivered or posted in error, the Portfolio Manager on the Issuer's behalf may cause it to be removed from the 17g-5 Website. None of the Trustee, the Portfolio Manager, the Collateral Administrator or the Information Agent shall have obtained or shall be deemed to have obtained actual knowledge of any information solely due to receipt and posting to the 17g-5 Website. Access will be provided by the Issuer or the Portfolio Manager (on the Issuer's behalf) to (A) any NRSRO (other than the Rating Agencies) upon receipt by the Issuer and the Portfolio Manager of an NRSRO Certification from such NRSRO (which may be submitted electronically via the 17g-5 Website) and (B) the Rating Agencies, without submission of an NRSRO Certification. Questions regarding delivery of information to the Information Agent may be directed to the Information Agent. (v) In connection with providing access to the 17g-5 Website, the Issuer and/or the Portfolio Manager may require registration and the acceptance of a disclaimer. The Information Agent, the Issuer and the Portfolio Manager shall not be liable for unauthorized disclosure of any information that it disseminates in accordance with this Section 7.20(b) and solely in respect of the Information Agent, the Portfolio Management Agreement and makes no representations or warranties as to the accuracy or completeness of information made available on the 17g-5 Website. The Information Agent shall not be liable for its failure to make any information available to the Rating Agencies or NRSROs unless such information was delivered to the Information Agent at the email address set forth in Section 7.20(b)(ii) and in accordance with the Portfolio Management Agreement. (vi) For the avoidance of doubt, no report of Independent certified public accountants (including, without limitation, any Effective Date Accountants' Report) shall be provided to or otherwise shared with any Rating Agency and under no circumstances shall any such report be posted to the 17g-5 Website. (bvii) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds Notes or for the purposes of determining the initial credit rating of the Storm Recovery Bonds Secured Notes or undertaking credit rating surveillance of the Storm Recovery Bonds Secured Notes with any Rating Agency or any of its respective officers, directors or employees. (viii) The Trustee will not be responsible for creating the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 or any other law or regulation. In no event shall the Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 or any other law or regulation. (ix) The Indenture Information Agent and the Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the ServicerCo-Issuers, the Rating Agencies, a nationally recognized statistical rating organization (“an NRSRO”), any of their respective agents or any other party. AdditionallyNone of the Information Agent, the Indenture Portfolio Manager or the Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the ServicerCo-Issuers, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 17g5 Website or the information posted thereon. (x) Notwithstanding anything therein to the contrary, the maintenance by the Trustee of the Trustee's Website described in Article 10 shall not be deemed as compliance by or on behalf of the Issuer with Rule 17g-5 or any other law or regulation related thereto.

Appears in 1 contract

Samples: Indenture (JMP Group Inc.)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees that any notice, report, request for satisfaction of the Rating Agency Condition, document or other information provided by the Indenture Trustee to any Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Energy Transition Bonds or undertaking credit rating surveillance of the Storm Recovery Energy Transition Bonds shall be provided, substantially concurrently, to the Servicer for posting on a password-protected website (the 17g-5 Website”). The Servicer shall be responsible for posting all of the information on the 17g-5 Website. (b) The Indenture Trustee will not be responsible for creating or maintaining the 17g-5 Website, posting any information to the 17g-5 Website or assuring that the 17g-5 Website complies with the requirements of this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event shall the Indenture Trustee be deemed to make any representation in respect of the content of the 17g-5 Website or compliance by the 17g-5 Website with this Indenture, Rule 17g-5 under the Exchange Act or any other law or regulation. The Indenture Trustee shall have no obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Energy Transition Bonds or for the purposes of determining the initial credit rating of the Storm Recovery Energy Transition Bonds or undertaking credit rating surveillance of the Storm Recovery Energy Transition Bonds with any Rating Agency or any of its respective officers, directors or employees. The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee shall not be liable for the use of the information posted on the 17g-5 Website, whether by the Servicer, the Rating Agencies, an NRSRO or any other third party that may gain access to the 17g-5 Website or the information posted thereon.

Appears in 1 contract

Samples: Indenture (Cleco Power LLC)

Rule 17g-5 Compliance. (a) The Indenture Trustee agrees Borrower Parties hereby appoint the Collateral Administrator as its agent (in such capacity, the “Information Agent”) for forwarding 17g-5 Information (as defined below) to the 17g-5 website (as defined below) that any noticethe Information Agent receives from the Borrower Parties, report, request for satisfaction of the Collateral Custodian or the Collateral Manager (or their respective representatives or advisors) in accordance with this Agreement that is designated as information to be posted on such website. To the extent that a Rating Agency Conditionmakes an inquiry or initiates communications with the Borrower Parties, document the Collateral Manager, the Collateral Administrator or other information provided by the Indenture Trustee Collateral Custodian regarding the Collateral Obligations relevant to any such Rating Agency under this Indenture or any other Basic Document to which it is a party for the purpose of determining or confirming the credit rating of the Storm Recovery Bonds or undertaking credit rating Agency’s surveillance of the Storm Recovery Bonds Loan Agreement, all responses to such inquiries or communications from such Rating Agency shall be provided, substantially concurrently, made in writing by the responding party and shall be provided to the Servicer Information Agent who shall promptly forward for posting such written response to the e-mail address established by the Borrower Parties for posting on a password-protected the internet website established by the Borrower Parties for posting of 17g-5 Information (the “17g-5 Website”). The Servicer shall , access to which is limited to Rating Agencies and nationally recognized statistical rating organizations as the term is used in U.S. federal securities law (“NRSROs”) who have provided a certification executed by an NRSRO in favor of the Borrower Parties that states that such NRSRO has provided the Borrower Parties with the appropriate certifications under Exchange Act 17g-5(e) and that such NRSRO has access to the 17g-5 Website (the “NRSRO Certification”) in accordance with the procedures set forth in Section 23(c) hereof, and after the responding party receives written notification from the Information Agent (which the Information Agent agrees to provide on a reasonably prompt basis) (which may be responsible in the form of e-mail) that such response has been forwarded for posting all of the information on the 17g-5 Website, such responding party may provide such response to such Rating Agency (all information required to be posted to Rating Agencies pursuant to this Section 23, the “17g-5 Information”). (b) The Indenture Trustee will not To the extent that any of the Borrower Parties, the Collateral Manager, the Collateral Custodian or the Collateral Administrator is required to provide any information to, or communicate with, any Rating Agency or another NRSRO in accordance with its obligations under the Loan Agreement, the Borrower Parties, the Collateral Manager, the Collateral Administrator or the Collateral Custodian, as applicable, shall provide such information or communication to the Information Agent by e-mail at the e-mail address separately provided by the Information Agent upon the issuance of an Initial Rating of the Funded Loans and/or Revolving Notes, which the Information Agent shall promptly forward to the 17g-5 Website in accordance with the procedures set forth in Section 23(c) hereof, and after the applicable party has received written notification from the Information Agent (which may be responsible for creating or maintaining in the form of e-mail) that such information has been posted to the 17g-5 Website, posting any the applicable party shall send such information to such Rating Agency in accordance with the delivery instructions set forth herein. (c) All information to be made available to the Rating Agencies pursuant to this Section 23 shall be made available to the Information Agent for delivery to the 17g-5 Website. Information will be forwarded by the Information Agent to the 17g-5 Website for posting on the same Business Day of receipt provided that such information is received by 12:00 p.m. (Eastern time) or, if received after 12:00 p.m. (Eastern time), on the next Business Day. The Information Agent shall have no obligation or assuring duty to verify, confirm or otherwise determine whether the information being delivered is accurate, complete, conforms to the transaction, or otherwise is or is not anything other than what it purports to be. In the event that any information is delivered or posted in error, the Information Agent may direct the 17g-5 Website complies with to remove it from the requirements 17g-5 Website. None of this Indenturethe Collateral Administrator, Rule 17g-5 under the Exchange Act or any other law or regulation. In no event Collateral Custodian and the Information Agent have obtained and shall the Indenture Trustee be deemed to make have obtained actual knowledge of any representation in respect of the content of information only by receipt and posting to the 17g-5 Website or compliance Website. Access will be provided by the 17g-5 Website with this Indentureto the Rating Agencies, Rule 17g-5 under and to the Exchange Act or any other law or regulationNRSROs upon receipt of an NRSRO Certification (which certification may be submitted electronically). The Indenture Trustee None of the Information Agent, the Collateral Administrator nor the Collateral Custodian shall have no any obligation to engage in or respond to any oral communications with respect to the transactions contemplated hereby, any transaction documents relating hereto or in any way relating to the Storm Recovery Bonds Funded Loans and/or the Revolving Notes or for the purposes of determining the initial credit rating Initial Rating of the Storm Recovery Bonds or undertaking credit rating surveillance of Funded Loans and/or the Storm Recovery Bonds Revolving Notes with any Rating Agency or any of its their respective officers, directors or employees. . (d) The Indenture Trustee shall not be responsible or liable for the dissemination of any identification numbers or passwords for the 17g-5 Website, including by the Servicer, the Rating Agencies, a nationally recognized statistical rating organization (“NRSRO”), any of their respective agents or any other party. Additionally, the Indenture Trustee Information Agent shall not be liable for the use dissemination of information in accordance with the terms of this Agreement, makes no representations or warranties as to the accuracy or completeness of such information posted on the 17g-5 Websitebeing made available, whether by the Servicer, the Rating Agencies, an NRSRO or and assumes no responsibility for such information. The Information Agent shall not be liable for its failure to make any other third party that may gain access information available to the 17g-5 Website unless such information was delivered to the Information Agent at the e-mail address set forth herein, with a subject heading of “XXXXX XX XX XX LLC – Rule 17g-5 Information” and sufficient detail to indicate that such information is required to be forwarded to the 17g-5 Website for posting. (e) Notwithstanding anything to the contrary set forth herein, no provision contained in this Section 23 will be given force or effect until such time, if any, as the information posted thereonAdministrative Agent has requested that any Rating Agency issue an Initial Rating of the Funded Loans and/or the Revolving Notes. For the avoidance of doubt, all the benefits, rights, protections, immunities and indemnities of the Collateral Administrator under this Agreement are enjoyed by the Collateral Administrator in its capacity as Information Agent.

Appears in 1 contract

Samples: Collateral Administration Agreement (Owl Rock Core Income Corp.)