Servicing and Maintenance Standards. On behalf of the Issuer, the Servicer shall (a) manage, service, administer, bill, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law and post collections in respect of the Securitized Utility Tariff Property with reasonable care and in material compliance with applicable Requirements of Law, including all applicable MPSC Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the industry in Missouri in performing its duties as Servicer; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Property and to bill and collect the Securitized Utility Tariff Charges; (d) comply with all Requirements of Law, including all applicable MPSC Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Property; (e) file all MPSC notices described in the Securitization Law and file and maintain the effectiveness of UCC financing statements with respect to the property transferred under the Sale Agreement, and (f) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Collateral remains perfected and of first priority. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 7 contracts
Samples: Intercreditor Agreement (Evergy Missouri West Storm Funding I, LLC), Servicing Agreement (Evergy Missouri West Storm Funding I, LLC), Servicing Agreement (Evergy Missouri West Storm Funding I, LLC)
Servicing and Maintenance Standards. On behalf of the Issuer, the Servicer shall shall: (a) manage, service, administer, billxxxx, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law and post collections in respect of the Securitized Utility Tariff Securitization Property with reasonable care and in material compliance with each applicable Requirements Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the industry in Missouri in performing its duties as ServicerServicer that are customary in the electric distribution industry; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Securitization Property and to bill xxxx, collect and collect post the Securitized Utility Tariff Securitization Charges; (d) comply with all Requirements each Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Securitization Property; (e) file all MPSC notices described in reports with the Securitization Law and Commission required by the Financing Order; (f) file and maintain the effectiveness of UCC financing statements with respect to the property transferred under the Sale Agreement, ; and (fg) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Securitization Bond Collateral remains perfected and of first priority. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Securitization Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 6 contracts
Samples: Securitization Property Servicing Agreement (Consumers Energy Co), Securitization Property Servicing Agreement (Consumers Energy Co), Securitization Property Servicing Agreement (Consumers Energy Co)
Servicing and Maintenance Standards. On behalf of the Issuer, the Servicer shall shall: (a) manage, service, administer, bill, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law and post collections in respect of the Securitized Utility Tariff Securitization Property with reasonable care and in material compliance with each applicable Requirements Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the industry in Missouri in performing its duties as ServicerServicer that are customary in the electric distribution industry; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Securitization Property and to bill bill, collect and collect post the Securitized Utility Tariff Securitization Charges; (d) comply with all Requirements each Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Securitization Property; (e) file all MPSC notices described in reports with the Securitization Law and Commission required by the Financing Order; (f) file and maintain the effectiveness of UCC financing statements with respect to the property transferred under the Sale Agreement, ; and (fg) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Securitization Bond Collateral remains perfected and of first priority. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Securitization Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 4 contracts
Samples: Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC)
Servicing and Maintenance Standards. The Servicer will monitor payments and impose collection policies on Customers, as permitted under the Financing Order and the rules of the Commission. On behalf of the Issuer, the Servicer shall shall: (a) manage, service, administer, bill, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law collect, receive and post collections in respect of the Securitized Utility Tariff Series Property with reasonable care and in material compliance with each applicable Requirements Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the industry in Missouri in performing its duties as ServicerServicer that are customary in the electric distribution industry; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Series Property and to bill bill, collect, receive and collect post the Securitized Utility Tariff Series Charges; (d) comply with all Requirements each Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Series Property; (e) file all MPSC notices described in reports with the Securitization Law and Commission required by the Financing Order; (f) file and maintain the effectiveness of UCC financing statements filed with the New Mexico Secured Transaction Registry with respect to the property transferred under the Sale Agreement, ; and (fg) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Collateral remains perfected and of first priority. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Series Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 4 contracts
Samples: Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC)
Servicing and Maintenance Standards. The Servicer will monitor payments and impose collection policies on Customers, as permitted under the Financing Order and the rules of the Commission. On behalf of the Issuer, the Servicer shall shall: (a) manage, service, administer, billxxxx, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law collect, receive and post collections in respect of the Securitized Utility Tariff Series Property with reasonable care and in material compliance with each applicable Requirements Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the industry in Missouri in performing its duties as ServicerServicer that are customary in the electric distribution industry; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Series Property and to bill xxxx, collect, receive and collect post the Securitized Utility Tariff Series Charges; (d) comply with all Requirements each Requirement of Law, including all applicable MPSC Commission Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Series Property; (e) file all MPSC notices described in reports with the Securitization Law and Commission required by the Financing Order; (f) file and maintain the effectiveness of UCC financing statements filed with the Florida Secured Transaction Registry with respect to the property transferred under the Sale Agreement, ; and (fg) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Series Collateral remains perfected and of first priority. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Series Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 3 contracts
Samples: Property Servicing Agreement (Duke Energy Florida, Llc.), Property Servicing Agreement (Duke Energy Florida, Llc.), Property Servicing Agreement (Duke Energy Florida, Llc.)
Servicing and Maintenance Standards. On behalf of the Issuer, the Servicer shall shall: (a) manage, service, administer, bill, collect and calculate Securitized Utility Tariff Charges in accordance with the Securitization Law and post make collections in respect of the Securitized Utility Tariff Securitization Property with reasonable care and in material compliance with applicable Requirements of Law, including all applicable MPSC Commission Regulations and guidelines, using the same degree of care and diligence that the Servicer exercises with respect to similar assets for its own account and, if applicable, for others; (b) follow customary standards, policies and procedures for the retail electric distribution industry in Missouri Michigan in performing its duties as Servicer; (c) use all reasonable efforts, consistent with its customary servicing procedures, to enforce, and maintain rights in respect of, the Securitized Utility Tariff Securitization Property and to bill and collect the Securitized Utility Tariff Securitization Charges; (d) comply with all Requirements of Law, including all applicable MPSC Commission Regulations and guidelines, applicable to and binding on it relating to the Securitized Utility Tariff Securitization Property; (e) file all MPSC Commission notices described in the Securitization Law Statute and the Financing Order and file and maintain the effectiveness of UCC financing statements with respect to the property transferred under the Sale Agreement, and ; (f) take such other action on behalf of the Issuer to ensure that the Lien of the Indenture Trustee on the Securitized Utility Tariff Securitization Bond Collateral remains perfected and of first priority; and (g) identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments in accordance with the terms set forth herein. The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of all or any portion of the Securitized Utility Tariff Securitization Property, which, in the Servicer’s judgment, may include the taking of legal action, at the Issuer’s expense but subject to the priority of payments set forth in Section 8.02(e) of the Indenture.
Appears in 3 contracts
Samples: Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC)