Common use of State Action Clause in Contracts

State Action. Under the Securitization Law, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition Property transferred on such date, or, except as permitted by Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization Law, reduce, alter or impair the System Restoration Charges relating to the Transition Property until the principal, interest and premium and any other charges incurred and contracts to be performed in connection with the System Restoration Bonds relating to the Transition Property have been paid and performed in full. Under the laws of the State of Texas and the United States, the State of Texas could not constitutionally take any action of a legislative character including the repeal or amendment of the Securitization Law, which would substantially limit, alter or impair the Transition Property or other rights vested in the Holders pursuant to the Financing Order or substantially limit, alter, impair or reduce the value or amount of the Transition Property, unless such action is a reasonable exercise of the sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate public purpose, and, under the takings clauses of the United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law or take any other action in contravention of its pledge quoted above without paying just compensation to the Holders, as determined by a court of competent jurisdiction if doing so would constitute a permanent appropriation of a substantial property interest of the Holders in the Transition Property and deprive the Holders of their reasonable expectations arising from their investments in the System Restoration Bonds. There is no assurance, however, that, even if a court were to award just compensation it would be sufficient to pay the full amount of principal and interest on the System Restoration Bonds.

Appears in 3 contracts

Samples: Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC), Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC), Transition Property Purchase and Sale Agreement (AEP Texas Restoration Funding LLC)

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State Action. Under the Securitization LawFinancing Act, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition Property transferred on such date, or, except as permitted by Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization LawFinancing Act, reduce, alter or impair the System Restoration Charges relating to the Transition Property until the principal, interest and premium and any other charges incurred and contracts to be performed in connection with the System Restoration Bonds relating to the Transition Property have been paid and performed in full. Under the laws of the State of Texas and the United States, the State of Texas could not constitutionally take any action of a legislative character including the repeal or amendment of the Securitization LawFinancing Act, which would substantially limit, alter or impair the Transition Property or other rights vested in the Holders pursuant to the Financing Order or substantially limit, alter, impair or reduce the value or amount of the Transition Property, unless such action is a reasonable exercise of the sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate public purpose, and, under the takings clauses of the United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law Financing Act or take any other action in contravention of its pledge quoted above without paying just compensation to the Holders, as determined by a court of competent jurisdiction if doing so would constitute a permanent appropriation of a substantial property interest of the Holders in the Transition Property and deprive the Holders of their reasonable expectations arising from their investments in the System Restoration Bonds. There is no assurance, however, that, even if a court were to award just compensation it would be sufficient to pay the full amount of principal and interest on the System Restoration Bonds.

Appears in 3 contracts

Samples: Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.), Transition Property Purchase and Sale Agreement (Entergy Texas, Inc.)

State Action. Under the Securitization Law, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition Property transferred on such date, or, except as permitted by Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization Law, reduce, alter or impair the System Restoration Transition Charges relating to the such Transition Property until the principal, interest and premium and any other charges incurred and contracts to be performed in connection with the System Restoration Transition Bonds of such Series relating to the such Transition Property have been paid and performed in full. Under the laws of the State of Texas and the United States, the State of Texas could not constitutionally take any action of a legislative character including the repeal or amendment of the Securitization Law, which would substantially limit, alter or impair the Transition Property or other rights vested in the Holders pursuant to the Financing Order or substantially limit, alter, impair alter or reduce the value or amount of the Transition Property, unless such action is a reasonable exercise of the sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate public purpose, and, under the takings clauses of the United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law or take any other action in contravention of its pledge quoted above without paying just compensation to the Holders, as determined by a court of competent jurisdiction if doing so would constitute a permanent appropriation of a substantial property interest of the Holders in the Transition Property and deprive the Holders of their reasonable expectations arising from their investments in the System Restoration Transition Bonds. There is no assurance, however, that, even if a court were to award just compensation it would be sufficient to pay the full amount of principal and interest on the System Restoration Transition Bonds.

Appears in 2 contracts

Samples: Transition Property Purchase and Sale Agreement (Aep Texas Central Co), Transition Property Purchase and Sale Agreement (Aep Texas Central Co)

State Action. Under the Securitization Law, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition Property transferred on such date, or, except as permitted by Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization Law, reduce, alter or impair the System Restoration Transition Charges relating to the such Transition Property until the principal, interest and premium and any other charges incurred and contracts to be performed in connection with the System Restoration Bonds Notes of such Series relating to the such Transition Property have been paid and performed in full. Under the laws of the State of Texas and the United States, the State of Texas could not constitutionally take any action of a legislative character including the repeal or amendment of the Securitization Law, which would substantially limit, alter or impair the Transition Property or other rights vested in the Holders pursuant to the Financing Order or substantially limit, alter, impair alter or reduce the value or amount of the Transition Property, unless such action is a reasonable exercise of the sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate public purpose, and, under the takings clauses of the United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law or take any other action in contravention of its pledge quoted above without paying just compensation to the Holders, as determined by a court of competent jurisdiction if doing so would constitute a permanent appropriation of a substantial property interest of the Holders in the Transition Property and deprive the Holders of their reasonable expectations arising from their investments in the System Restoration BondsNotes. There is no assurance, however, that, even if a court were to award just compensation it would be sufficient to pay the full amount of principal and interest on the System Restoration BondsNotes.

Appears in 2 contracts

Samples: Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC), Transition Property Purchase and Sale Agreement (CPL Transition Funding LLC)

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State Action. (a) Under the Securitization LawPublic Utility Regulatory Act, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition System Restoration Property transferred on such date, or, except as permitted by in Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization LawPublic Utility Regulatory Act, reduce, alter or impair the System Restoration Charges relating to the Transition Property until the principal, interest and premium premium, if any, and any other charges incurred and contracts to be performed in connection with the System Restoration Bonds relating to the Transition Property Bonds, have been paid and performed in full. . (b) Under the laws of the State of Texas and the federal laws of the United States, the State of Texas could not constitutionally take any action of a legislative character character, including the repeal or amendment of the Securitization Lawsecuritization provisions of the Public Utility Regulatory Act or the System Restoration Amendments, which would substantially limit, alter or impair the Transition System Restoration Property or other rights vested in the Holders Bondholders pursuant to the Financing Order Order, or substantially limit, alter, impair or reduce the value or amount of the Transition System Restoration Property, unless such action is a reasonable exercise of the State of Texas’ sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate the important public purposepurpose justifying such action, and, under the takings clauses of the State of Texas and United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law securitization provisions of the Public Utility Regulatory Act or the System Restoration Amendments, or take any other action in contravention of its pledge quoted above without paying just compensation to the HoldersBondholders, as determined by a court of competent jurisdiction jurisdiction, if doing so would constitute a permanent appropriation of a substantial property interest of the Holders Bondholders in the Transition System Restoration Property and deprive the Holders Bondholders of their reasonable expectations arising from their investments in the System Restoration Bonds. There ; however, there is no assurance, however, assurance that, even if a court were to award just compensation compensation, it would be sufficient to pay the full amount of principal of and interest on the System Restoration Bonds.

Appears in 2 contracts

Samples: System Restoration Property Sale Agreement (CenterPoint Energy Restoration Bond Company, LLC), System Restoration Property Sale Agreement (CenterPoint Energy Restoration Bond Company, LLC)

State Action. Under the Securitization Law, the State of Texas has pledged that it will not take or permit any action that would impair the value of the Transition Property transferred on such date, or, except as permitted by Section 39.307 (as incorporated through Section 36.403(a)) of the Securitization Law, reduce, alter or impair the System Restoration Transition Charges relating to the Transition Property until the principal, interest and premium and any other charges incurred and contracts to be performed in connection with the System Restoration Transition Bonds relating to the Transition Property have been paid and performed in full. Under the laws of the State of Texas and the United States, the State of Texas could not constitutionally take any action of a legislative character including the repeal or amendment of the Securitization Law, which would substantially limit, alter or impair the Transition Property or other rights vested in the Holders pursuant to the Financing Order or substantially limit, alter, impair or reduce the value or amount of the Transition Property, unless such action is a reasonable exercise of the sovereign powers of the State of Texas and of a character reasonable and appropriate to further a legitimate public purpose, and, under the takings clauses of the United States and Texas Constitutions, the State of Texas could not repeal or amend the Securitization Law or take any other action in contravention of its pledge quoted above without paying just compensation to the Holders, as determined by a court of competent jurisdiction if doing so would constitute a permanent appropriation of a substantial property interest of the Holders in the Transition Property and deprive the Holders of their reasonable expectations arising from their investments in the System Restoration Transition Bonds. There is no assurance, however, that, even if a court were to award just compensation it would be sufficient to pay the full amount of principal and interest on the System Restoration Transition Bonds.

Appears in 2 contracts

Samples: Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC), Transition Property Purchase and Sale Agreement (AEP Transition Funding III LLC)

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