Common use of Duties of Servicer Generally Clause in Contracts

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating and billing the Energy Transition Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 4 contracts

Sources: Energy Transition Property Servicing Agreement (Cleco Securitization II LLC), Energy Transition Property Servicing Agreement (Cleco Securitization II LLC), Energy Transition Property Servicing Agreement (Cleco Power LLC)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Storm Recovery Property; calculating and consumption, billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Storm Recovery Charges from Customers and posting all collections; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) ; processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeCommission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Storm Recovery Collateral; selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1Exhibit A. Any processing and depositing of collections, as it may making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be amended from time subject to time. For the avoidance provisions of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandIntercreditor Agreement.

Appears in 4 contracts

Sources: Storm Recovery Property Servicing Agreement (Duke Energy Progress SC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Progress SC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Progress SC Storm Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Securitized Utility Tariff Property; obtaining meter reads; (iii) accounting for Energy Transition , calculating electric usage, billing, collections and posting of all payments in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the MPSC, or any federal, local or other state governmental authorities with respect to the Securitized Utility Tariff Property or Securitized Utility Tariff Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) remittances pursuant to the Financing Order and each Tariff; furnishing periodic reports and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations ; collecting applicable sales, franchise and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition similar taxes on the Securitized Utility Tariff Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property remitting such taxes to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules appropriate taxing authority on a timely basis; and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified and limited in their entirety byby any MPSC Regulations, and the Servicer shall at all times comply withSecuritization Law, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers includes references to both kilowatt hour consumption and kilowatt demand.

Appears in 4 contracts

Sources: Intercreditor Agreement (Evergy Missouri West Storm Funding I, LLC), Securitized Utility Tariff Property Servicing Agreement (Evergy Missouri West Storm Funding I, LLC), Securitized Utility Tariff Property Servicing Agreement (Evergy Missouri West Storm Funding I, LLC)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) calculating : management, servicing and billing administration of the Energy Transition Charges; (ii) Environmental Control Property; obtaining meter reads; (iii) accounting for Energy Transition , calculating usage and demand; billing, collections and posting of all payments in respect of the Environmental Control Property; responding to inquiries by Customers, the PSCW or any other Governmental Authority with respect to the Environmental Control Property or Environmental Control Charges; (iv) ; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PSCW and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateEnvironmental Control Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the all Environmental Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, Bond Collateral; selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PSCW Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage usage, demand and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandI attached hereto.

Appears in 3 contracts

Sources: Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Phase-In-Recovery Property; obtaining meter reads; (iii) accounting for Energy Transition , calculating usage, billing, collections and posting of all payments in respect of the Phase-In-Recovery Property or Phase-In-Recovery Charges; (iv) ; responding to inquiries by Customers, the Commission, or any other Governmental Authority with respect to the Phase-In-Recovery Property or Phase-In-Recovery Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on and security interest in the Energy Transition Property and other portions of the Trust EstatePhase-In-Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Phase-In-Recovery Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt kilowatt-hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC), Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC), Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) CRR Property; obtaining meter reads; (iii) accounting for Energy Transition , calculating usage, billing, collections and posting of all payments in respect of the CRR Property or CRR Charges; (iv) ; responding to inquiries by Customers, the Commission, or any other Governmental Authority with respect to the CRR Property or CRR Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on and security interest in the Energy Transition Property and other portions of the Trust EstateCRR Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all CRR Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments as set forth herein; ensuring that any and allocation all tax surcharges or tax adjustments billed by it to Customers on account of the charges among various classes of Customers as is set forth herein and pursuant CRR Charges or which are otherwise included in CRR Charges are paid to the Financing Order; (xv) any appropriate taxing authority; and performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt kilowatt-hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Transition Charges; (iv) Property; responding to inquiries by Customers, REPs, the PUCT, or any other Governmental Authority with respect to the Transition Property; delivering Bills to Customers or REPs, if any; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on and security interest in the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all System Restoration Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PUCT Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Public Utility Regulatory Act); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Public Utility Regulatory Act, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power CenterPoint Houston in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power CenterPoint Houston in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii)); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties received from REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule TC5 and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges by end-use customers), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the PUCT, the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the charges to enable those the agents to perform collection services, if any, services properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, agents for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by CenterPoint Houston in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule TC5, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule TC5 any remedies provided by such Schedule TC5, the Financing Order or other applicable law and regulations; (xi) making all filings with the PUCT and taking all other actions necessary to perfect the Issuer’s ownership interests in and the Trustee’s Lien on the Trust Estate; (xii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to the Financing Orderherein; (xvxiv) any other duties specified for a servicer under the Financing Order Order, Schedule TC5, the Public Utility Regulatory Act or other applicable law; and (xv) reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Servicer’s usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Trust Estate or the Transition Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Public Utility Regulatory Act and any LPSC PUCT Regulations, orders or directions and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Transition Property Servicing Agreement, Transition Property Servicing Agreement (CenterPoint Energy Transition Bond Co IV, LLC), Transition Property Servicing Agreement (CenterPoint Energy Transition Bond Co IV, LLC)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) A. management, servicing and administration of, including billing, collecting and posting all payments in respect of, the Deferred Fuel Cost Property; B. calculating and usage; C. billing the Energy Transition ChargesDeferred Fuel Cost Charge, collecting the Deferred Fuel Cost Charge from Customers and posting all collections; (ii) obtaining meter readsD. responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Deferred Fuel Cost Property or the Deferred Fuel Cost Charge; (iii) accounting for Energy Transition Charges; (iv) E. investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) F. processing and depositing collections and making periodic remittances, including selecting Eligible Investments on behalf of the Issuer to the extent authorized by the Issuer to do so in writing; (vi) G. furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies, as applicable; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) H. making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; Deferred Fuel Cost Property; I. making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien first priority Lien(s) on the Trust Estateand security interest in all Deferred Fuel Cost Collateral; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, J. selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts accounts, to the extent of the Issuer’s interests in such accounts, in accordance with the Servicer’s usual and customary practices; (xiv) K. taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order;herein; and (xv) any L. performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.Exhibit A.

Appears in 3 contracts

Sources: Deferred Fuel Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC), Deferred Fuel Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC), Deferred Fuel Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Series Property; calculating and consumption, billing the Energy Transition Series Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Series Charges from Customers and posting all collections, responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Series Property or Series Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeCommission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateSeries Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Series Collateral; selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage consumption and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1Exhibit A. Any processing and depositing of collections, as it may making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be amended from time subject to time. For the avoidance provisions of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandIntercreditor Agreement.

Appears in 3 contracts

Sources: Nuclear Asset Recovery Property Servicing Agreement (Duke Energy Florida, Llc.), Nuclear Asset Recovery Property Servicing Agreement (Duke Energy Florida, Llc.), Nuclear Asset Recovery Property Servicing Agreement (Duke Energy Florida, Llc.)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Storm Recovery Property; obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) , calculating usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the APSC, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC APSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Storm Recovery Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any APSC Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Storm Recovery Property Servicing Agreement, Storm Recovery Property Servicing Agreement (Entergy Arkansas Restoration Funding, LLC), Storm Recovery Property Servicing Agreement (Entergy Arkansas Restoration Funding, LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Storm Recovery Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Storm Recovery Charges; (iv) investigating and handling resolving delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing required periodic and current reports to the Issuer, the Indenture Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Storm Recovery Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Storm Recovery Charges and payments with respect to Energy Transition Storm Recovery Property from all persons or entities responsible for paying Energy Transition Storm Recovery Charges and other payments with respect to Energy Transition Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules tariffs and remitting these collections to the Indenture Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Storm Recovery Property and the Energy Transition Storm Recovery Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in in, and the Indenture Trustee’s first priority Lien on on, the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the other portions of the Trust EstateEstate under the Indenture; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order;; and (xvxiv) any other duties specified for a servicer under the Financing Order to be performed by itor other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Annex 11 hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Storm Recovery Property Servicing Agreement (SWEPCO Storm Recovery Funding LLC), Storm Recovery Property Servicing Agreement (SWEPCO Storm Recovery Funding LLC), Storm Recovery Property Servicing Agreement (SWEPCO Storm Recovery Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Securitized Utility Tariff Property; calculating and customer counts, billing the Energy Transition Securitized Utility Tariff Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Securitized Utility Tariff Charges from Customers and remitting all collections in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Kansas Commission, or any other Governmental Authority with respect to the Securitized Utility Tariff Property or the Securitized Utility Tariff Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeKansas Commission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Kansas Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in the Securitized Utility Tariff Property and the Indenture Trustee’s first priority Lien on the Energy Transition Securitized Utility Tariff Property and other portions of the Trust EstateSecuritized Utility Tariff Collateral; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) all Securitized Utility Tariff Collateral; selling, as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge the True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Kansas Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill customer ▇▇▇▇▇▇, ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.I.

Appears in 3 contracts

Sources: Securitized Utility Tariff Property Servicing Agreement (Atmos Energy Kansas Securitization I, LLC), Securitized Utility Tariff Property Servicing Agreement (Atmos Energy Kansas Securitization I, LLC), Securitized Utility Tariff Property Servicing Agreement (Atmos Energy Kansas Securitization I, LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Securitized Utility Tariff Property; obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) , calculating electric usage, billing, collections and posting of all payments in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the MoPSC, or any federal, local or other state governmental authorities with respect to the Securitized Utility Tariff Property; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) remittances pursuant to the Financing Order and each Securitized Utility Tariff Charge Rider SUR; furnishing periodic reports and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations ; collecting applicable sales, franchise and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition similar taxes on the Securitized Utility Tariff Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property remitting such taxes to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules appropriate taxing authority on a timely basis; and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified and limited in their entirety byby any MoPSC Regulations, and the Servicer shall at all times comply withSecuritization Law, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers includes references to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: Securitized Utility Tariff Property Servicing Agreement (Ameren Missouri Securitization Funding I, LLC), Securitized Utility Tariff Property Servicing Agreement (Ameren Missouri Securitization Funding I, LLC), Securitized Utility Tariff Property Servicing Agreement (Ameren Missouri Securitization Funding I, LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer, and make collections and remittances in respect of the System Restoration Property. The Servicer’s duties in general shall include: (i) calculating the System Restoration Charges and billing the Energy Transition REPs for the System Restoration Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in accordance with the Financing Order, PUCT Regulations, applicable tariffs or the Public Utility Regulatory Act); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition System Restoration Charges and payments with respect to Energy Transition System Restoration Property from all persons or entities responsible for paying Energy Transition remitting System Restoration Charges and other payments with respect to Energy Transition System Restoration Property to the Servicer under the Financing Order, the Securitization Act, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreementany future intercreditor agreement, payments in respect of Energy Transition System Restoration Charges and the Energy Transition System Restoration Property may be deposited initially into an account held and processed by Cleco Power CEHE in its capacity as the Utility “Utility” (as such term may be defined and set forth more fully in any such intercreditor agreement) for the benefit of the Servicer, and that Cleco Power CEHE in its individual capacity may be replaced as the holder of such account by a Successor Servicer Servicer” or Designated Account Holder Holder” as those terms are may be defined and as set forth more fully in the Intercreditor Agreementany such intercreditor agreement; (xiv) posting all SRC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii)); (v) responding to inquiries by Customers, REPs, the LPSC Texas Commission or any other Governmental Authority with respect to the Energy Transition System Restoration Property and the Energy Transition System Restoration Charges; (vi) accounting for SRC Collections and late-payment penalties received from REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule SRC and/or PUCT Regulations, terminating distribution service for nonpayment of charges by end-use customers), processing and depositing collections, making periodic remittances to the Trustee and furnishing periodic and current reports to the Issuer, the Trustee and each Rating Agency; (vii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the System Restoration Charges to enable the agents to perform collection services properly under any future intercreditor agreement and monitoring the collections of the agents for compliance with any such intercreditor agreement; (viii) providing information reasonably requested by the Issuer in connection with the allocation of collections between System Restoration Charges and System Restoration Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule SRC, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule SRC any remedies provided by such Schedule SRC, the Financing Order or other applicable law and regulations; (xi) making all required filings with the LPSC Texas Commission and taking such all other action actions as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking all necessary action in connection with Energy Transition System Restoration Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to herein; (xiv) performing such other duties as may be specified for a servicer under the Financing Order;, Schedule SRC, the Securitization Act or other applicable law; and (xv) any other duties specified under reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Financing Order Servicer’s usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Trust Estate or the Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 3 contracts

Sources: System Restoration Property Servicing Agreement (Centerpoint Energy Houston Electric LLC), System Restoration Property Servicing Agreement (Centerpoint Energy Houston Electric LLC), System Restoration Property Servicing Agreement (Centerpoint Energy Houston Electric LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Storm Recovery Property; obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) , calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the Council, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Council and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) security interest in all Storm Recovery Bond Collateral; selling, as the agent for the Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Council Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation▇▇▇culation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Storm Recovery Property Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer’s duties in general shall will include: (i) obtaining meter reads, calculating and billing the Energy Transition ChargesSecuritization Charges and collecting from Customers all Securitization Charge Collections; (ii) obtaining meter readsresponding to inquiries by Customers, Alternative Electric Suppliers, if any, the MPSC, or any federal, local or other state governmental authority with respect to the Securitization Charges; (iii) delivering bills or arranging for delivery of bills, accounting for Energy Transition Charges; (iv) Securitization Charge Collections, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) resolving delinquencies, processing and depositing collections and collections, making periodic remittances; (vi) remittances and furnishing periodic and current reports reports, to the Issuer, the Trustee, the LPSC Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; (vii) monitoring Customer payments , subject, in the case of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations processing and other obligations (including its credit standards)depositing collections, making periodic remittances and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property furnishing periodic reports, to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect provisions of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) sellingsettling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices;practices for accounts of its own electric service customers; and (xivv) taking action in connection with Energy Transition Securitization Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified limited in their entirety by, and by the Servicer shall at all times comply withprovisions of the Customer Choice Act, the Financing Order, the Securitization Act Order and any LPSC applicable MPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to Securitization Charge Adjustments, data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand1 hereto.

Appears in 2 contracts

Sources: Intercreditor Agreement (Consumers Energy Co), Intercreditor Agreement (Consumers Energy Co)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Series 2003-1 Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) investigating including demand and handling delinquencies (and furnishing required reports with respect to including any such delinquencies to the Issuerusage by Customers served by a REP); (v) processing and depositing , billing, collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments posting of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy the Series 2003-1 Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the LPSC PUCT or any other Governmental Authority with respect to the Energy Series 2003-1 Transition Property and the Energy Series 2003-1 Transition Charges; (xi) ; delivering Bills to Customers and Third-Party Collectors, accounting for receipt of the Series 2003-1 Transition Charges, investigating and handling delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Energy Series 2003-1 Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect the Indenture Trustee's lien on and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance security interest in all Collateral associated with the Intercreditor Agreement; Series 2003-1 Transition Property (xiii) the "Series 2003-1 Collateral"); selling, as the agent for the Issuer, as its interests may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; and taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to above may be performed by itREPs or other Third-Party Collectors pursuant to PUCT Regulations and REP Service Agreements, if any. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service custome▇ ▇▇rvice functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC), Transition Property Servicing Agreement (Oncor Electric Delivery Transition Bond Co LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Storm Recovery Property; obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) , calculating electricity usage, billing, collections and posting of all payments in respect of the Storm Recovery Property; responding to inquiries by Customers, the Council, or any other Governmental Authority with respect to the Storm Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Council and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) security interest in all Storm Recovery Bond Collateral; selling, as the agent for the Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Council Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement, Storm Recovery Property Servicing Agreement (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Storm Recovery Property; calculating and consumption, billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Storm Recovery Charges from Customers and posting all collections; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) ; processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeCommission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Storm Recovery Collateral; selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1Exhibit A. Any processing and depositing of collections, as it may making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be amended from time subject to time. For the avoidance provisions of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandIntercreditor Agreements.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement (Duke Energy Progress NC Storm Funding II LLC), Storm Recovery Property Servicing Agreement (Duke Energy Carolinas NC Storm Funding II LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Texas Electric Choice Plan); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization ActTexas Electric Choice Plan, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power CenterPoint Houston in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power CenterPoint Houston in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii)); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties received from REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule TC3 and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the PUCT, the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the charges to enable those the agents to perform collection services, if any, services properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, agents for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by CenterPoint Houston in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule TC3, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule TC3 any remedies provided by such Schedule TC3, the Financing Order or other applicable law and regulations; (xi) making all filings with the PUCT and taking all other actions necessary to perfect the Issuer’s ownership interests in and the Trustee’s Lien on the Trust Estate; (xii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to the Financing Orderherein; (xvxiv) any other duties specified for a servicer under the Financing Order Order, Schedule TC3, the Texas Electric Choice Plan or other applicable law; and (xv) reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Servicer’s usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Trust Estate or the Transition Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act Texas Electric Choice Plan and any LPSC PUCT Regulations, orders or directions and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO III, LLC), Transition Property Servicing Agreement (Centerpoint Energy Houston Electric LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Storm Recovery Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Storm Recovery Charges; (iv) investigating and handling resolving delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing required periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Storm Recovery Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Storm Recovery Charges and payments with respect to Energy Transition Storm Recovery Property from all persons or entities responsible for paying Energy Transition Storm Recovery Charges and other payments with respect to Energy Transition Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules tariffs and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Storm Recovery Property and the Energy Transition Storm Recovery Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of and the Trustee’s Lien on other portions of the Trust EstateEstate under the Indenture; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xvxiv) any other duties specified for a servicer under the Financing Order to be performed by itor other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement (Cleco Power LLC), Storm Recovery Property Servicing Agreement (Cleco Power LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Storm Recovery Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Storm Recovery Charges; (iv) investigating and handling resolving delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing required periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Storm Recovery Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Storm Recovery Charges and payments with respect to Energy Transition Storm Recovery Property from all persons or entities responsible for paying Energy Transition Storm Recovery Charges and other payments with respect to Energy Transition Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules tariffs and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Storm Recovery Property and the Energy Transition Storm Recovery Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of and the Trustee’s Lien on other portions of the Trust EstateEstate under the Indenture; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xvxiv) any other duties specified for a servicer under the Financing Order to be performed by itor other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement (Cleco Power LLC), Storm Recovery Property Servicing Agreement (Cleco Power LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Securitized Utility Tariff Property; calculating and customer counts; billing the Energy Transition Securitized Utility Tariff Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Securitized Utility Tariff Charges from Customers and remitting all collections in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission, or any other Governmental Authority with respect to the Securitized Utility Tariff Property or the Securitized Utility Tariff Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeCommission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Securitized Utility Tariff Property and or other portions of the Trust EstateSecuritized Utility Tariff Bond Collateral; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) all Securitized Utility Tariff Bond Collateral; selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and customer count, bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.I.

Appears in 2 contracts

Sources: Securitized Utility Tariff Property Servicing Agreement (Kansas Gas Service Securitization I, L.L.C.), Securitized Utility Tariff Property Servicing Agreement (Kansas Gas Service Securitization I, L.L.C.)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Investment Recovery Property; obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) , calculating electricity usage, billing, collections and posting of all payments in respect of the Investment Recovery Property; responding to inquiries by Customers, the LPSC, or any other Governmental Authority with respect to the Investment Recovery Property; delivering Bills to Customers; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien and security interest on the Energy Transition Property and other portions of the Trust EstateInvestment Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) security interest in all Investment Recovery Bond Collateral; selling, as the agent for the Issuer, as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any LPSC Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: Investment Recovery Property Servicing Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Investment Recovery Property Servicing Agreement (Entergy Louisiana Investment Recovery Funding I, L.L.C.)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the System Restoration Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition System Restoration Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Public Utility Regulatory Act); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition System Restoration Charges and payments with respect to Energy Transition System Restoration Property from all persons or entities responsible for paying Energy Transition remitting System Restoration Charges and other payments with respect to Energy Transition System Restoration Property to the Servicer under the Financing Order, the Securitization Public Utility Regulatory Act, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition System Restoration Charges and the Energy Transition System Restoration Property may be deposited initially into an account held and processed by Cleco Power CenterPoint Houston in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power CenterPoint Houston in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all SRC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii)); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition System Restoration Property and the Energy Transition System Restoration Charges; (xivi) accounting for SRC Collections and late-payment penalties received from REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule SRC and/or PUCT Regulations, terminating distribution service for nonpayment of charges by end-use customers), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the PUCT, the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the charges to enable those the agents to perform collection services, if any, services properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, agents for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by CenterPoint Houston in connection with the allocation of collections between System Restoration Charges and System Restoration Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule SRC, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule SRC any remedies provided by such Schedule SRC, the Financing Order or other applicable law and regulations; (xi) making all filings with the PUCT and taking all other actions necessary to perfect the Issuer’s ownership interests in and the Trustee’s Lien on the Trust Estate; (xii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition System Restoration Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to the Financing Orderherein; (xvxiv) any other duties specified for a servicer under the Financing Order Order, Schedule SRC, the Public Utility Regulatory Act or other applicable law; and (xv) reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Servicer’s usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Trust Estate or the Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Public Utility Regulatory Act and any LPSC PUCT Regulations, orders or directions and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 2 contracts

Sources: System Restoration Property Servicing Agreement (CenterPoint Energy Restoration Bond Company, LLC), System Restoration Property Servicing Agreement (CenterPoint Energy Restoration Bond Company, LLC)

Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: (i) : management, servicing and administration of the Storm Recovery Property; calculating and consumption, billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition , collecting the Storm Recovery Charges from Customers and posting all collections, responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery Charges; (iv) ; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the TrusteeCommission, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateStorm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Storm Recovery Collateral; selling as the agent for the Issuer, as its interests may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including, including without limitation, Regulation AB and Rule 17g-5AB1, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a3.01(a)(i), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Annex 1Exhibit A. Any processing and depositing of collections, as it may making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be amended from time subject to time. For the avoidance provisions of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandIntercreditor Agreement.

Appears in 2 contracts

Sources: Storm Recovery Property Servicing Agreement (Duke Energy Progress NC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Carolinas NC Storm Funding LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: include management, servicing and administration of the Intangible Transition Property (iincluding maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) calculating of the Funding Law to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and billing initiating such proceedings with the Energy ICC as may be required to ensure that the dollar amount of Intangible Transition Charges; (ii) Property authorized by the Funding Orders is adequate for the payment in full of all principal of and interest on the Notes; obtaining meter reads; (iii) accounting for Energy , calculating usage, billing, collections and posting of all payments in respect of the Intangible Transition Charges; (iv) Property; responding to inquiries by Customers, the ICC or any federal, local or other state governmental authorities with respect to the Intangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) delinquencies, processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Grantee, the Note Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be all necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge Adjustments and allocation as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein above may be performed by ARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (with prior written notice to the Rating Agencies) by delegating all or a portion of its duties to any third parties; PROVIDED, however, that, notwithstanding any such delegation of duties, the Servicer shall remain liable for the performance of all its duties and obligations pursuant to the Financing Order; (xv) terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer of its liability and responsibility with respect to such duties or obligations. The fees and expenses of any other such persons to whom the Servicer may delegate duties specified under shall be as agreed between the Financing Order Servicer and such third parties from time to time, and, except for such fees and expenses which are expressly reimbursable hereunder, such third-party fees and expenses shall be performed payable solely by itthe Servicer out of its Servicing Fee and neither the Grantee nor any assignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.

Appears in 2 contracts

Sources: Intangible Transition Property Servicing Agreement (Illinois Power Securitization Limited Liability Co), Servicing Agreement (Illinois Power Securitization Limited Liability Co)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Storm Recovery Property. The Servicer’s duties in general shall will include: (i) calculating and billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Chargescollected Storm Recovery Charges and late-payment penalties; (iv) investigating and handling resolving delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer customer payments of Energy Transition Storm Recovery Charges; (viii) notifying each Customer customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Storm Recovery Charges and payments with respect to Energy Transition Storm Recovery Property from all persons or entities responsible for paying Energy Transition remitting Storm Recovery Charges and other payments with respect to Energy Transition Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules tariffs and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Storm Recovery Property and the Energy Transition Storm Recovery Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Storm Recovery Property and the other portions of the Series Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain Estate under the perfection and priority of the Trustee’s Lien on the Trust EstateIndenture; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; (xivxiii) taking action in connection with Energy Transition Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers customers as is set forth herein and pursuant to the Financing Orderherein; (xvxiv) any other duties specified for a servicer under the Financing Order or other applicable law; and (xv) reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Servicer’s usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Series Trust Estate or the Storm Recovery Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Storm Recovery Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: include management, servicing and administration of the Uplift Property; calculating billing, collecting and posting of all payments in respect of the Uplift Property; responding to inquiries by QSEs, representing obligated load serving entities (i) calculating "Obligated LSEs"), responsible for the assessment, collection and billing payment of Uplift Charges ("Responsible QSEs"). Responsible QSEs, the Energy Transition Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) Commission, or any other Governmental Authority with respect to the Uplift Property; delivering bills to Responsible QSEs; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Indenture Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the TrusteeAgency; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC Commission and the Secretary of State and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on and security interest in the Energy Transition Property and other portions of the Trust EstateUplift Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Texas Stabilization N Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Debt Obligation Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any Commission Regulations, the Financing Debt Obligation Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Property Management & Real Estate

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s 's duties in general shall will include: (i) calculating and billing the Energy Transition Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Texas Electric Choice Plan); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization ActTexas Electric Choice Plan, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power CenterPoint Houston in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power CenterPoint Houston in its individual capacity may be replaced as the holder of such account by a Successor Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.02); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties of REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule TC2 and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the PUCT, the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the charges to enable those the agents to perform collection services, if any, services properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, agents for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by CenterPoint Houston in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule TC2, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule TC2 any remedies provided by such Schedule TC2, the Financing Order or other applicable law and regulations; (xi) making all filings with the PUCT and taking all other actions necessary to perfect the Issuer's ownership interests in and the Trustee's Lien on the Series Trust Estate; (xii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; (xivxiii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to the Financing Order;herein; and (xvxiv) any other duties specified for a servicer under the Financing Order to be performed by itOrder, Schedule TC2, the Texas Electric Choice Plan or other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act Texas Electric Choice Plan and any LPSC PUCT Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, orders or directions as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandExhibit A hereto.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO II, LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) investigating including demand and handling delinquencies (and furnishing required reports with respect to including any such delinquencies to the Issuerusage by Customers served by a REP); (v) processing and depositing , billing, collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments posting of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy the Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) Property; responding to inquiries by Customers, REPs, the LPSC PUCT, or any other Governmental Authority with respect to the Energy Transition Property Property; delivering Bills to Customers and REPs, investigating and handling delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Note Issuer, the Indenture Trustee and the Energy Transition Charges; (xi) Rating Agencies; making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Note Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect the Indenture Trustee's lien on and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Note Collateral not constituting Transition Property; selling as the agent for the Issuer, Note Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; and taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to above may be performed by itREPs pursuant to PUCT Regulations and, if any, REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (CPL Transition Funding LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s 's duties in general shall will include: (i) obtaining meter reads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Texas Electric Choice Plan); (ii) calculating and billing the Energy Transition Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization ActTexas Electric Choice Plan, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power Reliant Energy in its individual capacity as the Utility for the benefit of the Servicer, and that Cleco Power Reliant Energy in its individual capacity may be replaced as the holder of such account by a Successor Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.02); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties of REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Tariff TC and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by any party to the Servicer Intercreditor Agreement to enable those agents allow such party to perform collection services, if any, its duties properly under the Intercreditor Agreement and (b) monitoring the collections collections, allocations and remittances of the agents, if applicable, funds for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by Reliant Energy in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing any financial reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations under Tariff TC, and enforcing against such REP at the earliest date permitted by the Financing Order and Tariff TC any remedies provided by such Tariff TC, the Financing Order or other applicable law; (xi) selling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xivxii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers RAAF Adjustments as is set forth herein and pursuant to the Financing Order;herein; and (xvxiii) any other duties specified for a servicer under the Financing Order to be performed by itOrder, Tariff TC, the Texas Electric Choice Plan or other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act Texas Utilities Code and any LPSC PUCT Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, orders or directions as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandExhibit A hereto.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Reliant Energy Transition Bond Co LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Series 2004-1 Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) investigating including demand and handling delinquencies (and furnishing required reports with respect to including any such delinquencies to the Issuerusage by Customers served by a REP); (v) processing and depositing , billing, collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments posting of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy the Series 2004-1 Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the LPSC PUCT or any other Governmental Authority with respect to the Energy Series 2004-1 Transition Property and the Energy Series 2004-1 Transition Charges; (xi) ; delivering Bills to Customers and Third-Party Collectors, accounting for receipt of the Series 2004-1 Transition Charges, investigating and handling delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Issuer, the Indenture Trustee and the Rating Agencies; making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Energy Series 2004-1 Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect the Indenture Trustee's lien on and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance security interest in all Collateral associated with the Intercreditor Agreement; Series 2004-1 Transition Property (xiii) the "Series 2004-1 Collateral"); selling, as the agent for the Issuer, as its interests may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; and taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to above may be performed by itREPs or other Third-Party Collectors pursuant to PUCT Regulations and REP Service Agreements, if any. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service custome▇ ▇▇rvice functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Txu Electric Delivery Transition Bond Co LLC)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s 's duties in general shall will include: (i) calculating and billing the Energy Transition Charges; (ii) obtaining meter readsreads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Texas Electric Choice Plan); (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization ActTexas Electric Choice Plan, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power CenterPoint Houston in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power CenterPoint Houston in its individual capacity may be replaced as the holder of such account by a Successor Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.02); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties of REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Schedule TC2 and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the PUCT, the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to collect the charges to enable those the agents to perform collection services, if any, services properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, agents for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by CenterPoint Houston in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Schedule TC2, and enforcing against such REP at the earliest date permitted by the Financing Order and Schedule TC2 any remedies provided by such Schedule TC2, the Financing Order or other applicable law; (xi) making all filings with the PUCT and taking all other actions necessary to perfect the Issuer's ownership interests in and the Trustee's Lien on the Series Trust Estate; (xii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; (xivxiii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers PBRAF Adjustments as is set forth herein and pursuant to the Financing Order;herein; and (xvxiv) any other duties specified for a servicer under the Financing Order to be performed by itOrder, Schedule TC2, the Texas Electric Choice Plan or other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act Texas Electric Choice Plan and any LPSC PUCT Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, orders or directions as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment p▇▇▇▇nt processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandExhibit A hereto.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO II, LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) investigating including demand and handling delinquencies (and furnishing required reports with respect to including any such delinquencies to the Issuerusage by Customers served by a REP); (v) processing and depositing , billing, collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments posting of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy the Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) Property; responding to inquiries by Customers, REPs, the LPSC PUCT, or any other Governmental Authority with respect to the Energy Transition Property Property; delivering Bills to Customers and REPs, investigating and handling delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic reports to the Note Issuer, the Indenture Trustee and the Energy Transition Charges; (xi) Rating Agencies; making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Note Issuer’s 's ownership interests in and the Indenture Trustee’s first priority Lien 's lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect the Indenture Trustee's lien on and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Note Collateral not constituting Transition Property; selling as the agent for the Issuer, Note Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; and taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to above may be performed by itREPs pursuant to PUCT Regulations and, if any, REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment p▇▇▇▇nt processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (CPL Transition Funding LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: include management, servicing and administration of the Intangible Transition Property (iincluding maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) calculating of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and billing initiating such proceedings with the Energy ICC as may be required to ensure that the dollar amount of Intangible Transition Charges; (ii) Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads; (iii) accounting for Energy , calculating usage, billing, collections and posting of all payments in respect of the Intangible Transition Charges; (iv) Property; responding to inquiries by Customers, the ICC or any federal, local or other state governmental authorities with respect to the Intangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) delinquencies, processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Grantee, the Note Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; ; and taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein. Certain of the duties set forth above may be performed by ARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property prior written notice to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations Rating Agencies) by delegating all or applicable rate schedules and remitting these collections a portion of its duties to the Trusteeany third-parties; provided, however, that, notwithstanding any such delegation of duties, the Issuer Servicer shall remain liable for the performance of all of its duties and obligations pursuant to the terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer acknowledge of its liability and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority responsibility with respect to such duties or obligations. The fees and expenses of any such persons to whom the Energy Transition Property Servicer may delegate duties shall be as agreed between the Servicer and the Energy Transition Charges; (xi) making all required filings with the LPSC such third parties from time to time, and, except for such fees and taking expenses which are expressly reimbursable hereunder, such other action as may third-party fees and expenses shall be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed payable solely by the Servicer to enable those agents to perform collection services, if any, properly under out of its Servicing Fee and neither the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) Grantee nor any other duties specified under the Financing Order to be performed by itassignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.

Appears in 1 contract

Sources: Servicing Agreement (Comed Funding LLC)

Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer’s 's duties in general shall will include: (i) obtaining meter reads, calculating and billing the Energy Transition ChargesSecuritization Charges and collecting from Customers all Securitization Charge Collections; (ii) obtaining meter readsresponding to inquiries by Customers, Alternative Electric Suppliers, if any, the MPSC, or any federal, local or other state governmental authority with respect to the Securitization Charges; (iii) delivering bills or arranging for delivery of bills, accounting for Energy Transition Charges; (iv) Securitization Charge Collections, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) resolving delinquencies, processing and depositing collections and collections, making periodic remittances; (vi) remittances and furnishing periodic and current reports reports, to the Issuer, the Trustee, the LPSC Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; (vii) monitoring Customer payments , subject, in the case of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations processing and other obligations (including its credit standards)depositing collections, making periodic remittances and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property furnishing periodic reports, to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect provisions of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) sellingsettling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices;practices for accounts of its own electric service customers; and (xivv) taking action in connection with Energy Transition Securitization Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified limited in their entirety by, and by the Servicer shall at all times comply withprovisions of the Customer Choice Act, the Financing Order, the Securitization Act Order and any LPSC applicable MPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to Securitization Charge Adjustments, data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand1 hereto.

Appears in 1 contract

Sources: Servicing Agreement (Consumers Energy Co Financing V)

Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Storm Recovery Property. The Servicer’s 's duties in general shall will include: (i) calculating and billing the Energy Transition Storm Recovery Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Chargescollected Storm Recovery Charges and late-payment penalties; (iv) investigating and handling resolving delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer customer payments of Energy Transition Storm Recovery Charges; (viii) notifying each Customer customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Storm Recovery Charges and payments with respect to Energy Transition Storm Recovery Property from all persons or entities responsible for paying Energy Transition remitting Storm Recovery Charges and other payments with respect to Energy Transition Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules tariffs and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Storm Recovery Property and the Energy Transition Storm Recovery Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Trustee’s 's first priority Lien on the Energy Transition Storm Recovery Property and the other portions of the Series Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain Estate under the perfection and priority of the Trustee’s Lien on the Trust EstateIndenture; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiiixii) selling, as the agent for the Issuer, as its interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; (xivxiii) taking action in connection with Energy Transition Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers customers as is set forth herein and pursuant to the Financing Orderherein; (xvxiv) any other duties specified for a servicer under the Financing Order or other applicable law; and (xv) reconciling, within 30 calendar days after bank statement cutoff date or such later time as is consistent with the Servicer's usual and customary practices that does not materially impair the ability of the Servicer to be performed by itcorrect errors, all bank account debits and credits for bank accounts that are held in the name of the Servicer (as Servicer hereunder) or of the Issuer that relate to the Series Trust Estate or the Storm Recovery Bonds. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill calculation, billing, customer service functions, collections, payment processing and remittance set forth in the Issuer Annex 1hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Storm Recovery Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Rate Stabilization Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) including any such usage by Customers served by a Third-Party Collector), billing, collections and posting of all payments in respect of the Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the PSC, or any other Governmental Authority with respect to the Rate Stabilization Property; delivering Bills to Customers or Third-Party Collectors; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien on and security interest in the Energy Transition Property and other portions of the Trust EstateRate Stabilization Property; making all filings with the PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect and maintain the perfection and first priority of the Indenture Trustee’s Lien lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Rate Stabilization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Applicable Qualified Rate Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5by applicable Requirements of Law, as are in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandconsumption.

Appears in 1 contract

Sources: Rate Stabilization Property Servicing Agreement (RSB Bondco LLC)

Duties of Servicer Generally. The Servicer shall manage, ---------------------------- service, administer and make collections in respect of the Transition Property. The Servicer’s 's duties in general shall will include: (i) obtaining meter reads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in accordance with the Financing Order, applicable tariffs or the Texas Electric Choice Plan); (ii) calculating and billing the Energy Transition Charges; (ii) obtaining meter reads; (iii) accounting for Energy Transition Charges; (iv) investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) processing and depositing collections and making periodic remittances; (vi) furnishing periodic and current reports to the Issuer, the Trustee, the LPSC and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy remitting Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization ActTexas Electric Choice Plan, LPSC PUCT Regulations or applicable rate schedules and remitting these collections to the Trusteetariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power Reliant Energy in its individual capacity as the Utility for the benefit of the Servicer, and that Cleco Power Reliant Energy in its individual capacity may be replaced as the holder of such account by a Successor Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) posting all TC Collections remitted to the Servicer and posting all late-payment penalties assessed against REPs (as described in Section 3.02); (v) responding to inquiries by Customers, REPs, the LPSC PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Energy Transition Property and the Energy Transition Charges; (xivi) accounting for TC Collections and late-payment penalties of REPs, investigating and resolving delinquencies (including, where permitted by the Financing Order, Tariff TC and/or PUCT Regulations, terminating transmission and distribution service for nonpayment of charges), processing and depositing collections, making all required filings with periodic remittances to the LPSC Trustee and taking such other action as may be necessary furnishing periodic reports to perfect the Issuer’s ownership interests in , the Trustee and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estateeach Rating Agency; (avii) providing certified calculations and other information reasonably requested by agents appointed by any party to the Servicer Intercreditor Agreement to enable those agents allow such party to perform collection services, if any, its duties properly under the Intercreditor Agreement and (b) monitoring the collections collections, allocations and remittances of the agents, if applicable, funds for compliance with the Intercreditor Agreement; (xiiiviii) providing information reasonably requested by Reliant Energy in connection with the allocation of collections between Transition Charges and Transition Property on one hand, and other charges and fees on the other; (ix) monitoring payments by each REP, reviewing any financial reports provided by each REP and monitoring compliance by each REP with the credit standards and deposit obligations set forth in the Financing Order; (x) notifying each REP of any defaults by such REP in its payment obligations and other obligations (including its credit standards) under Tariff TC, and enforcing against such REP at the earliest date permitted by the Financing Order and Tariff TC any remedies provided by such Tariff TC, the Financing Order or other applicable law; (xi) selling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xivxii) taking action in connection with Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers RAAF Adjustments as is set forth herein and pursuant to the Financing Order;herein; and (xvxiii) any other duties specified for a servicer under the Financing Order to be performed by itOrder, Tariff TC, the Texas Electric Choice Plan or other applicable law. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act Texas Electric Choice Plan and any LPSC PUCT Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, orders or directions as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandExhibit A hereto.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Reliant Energy Transition Bond Co LLC)

Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer’s 's duties in general shall will include: (i) obtaining meter reads, calculating and billing the Energy Transition ChargesSecuritization Charges and collecting from Customers all Securitization Charge Collections; (ii) obtaining meter readsresponding to inquiries by Customers, Alternative Electric Suppliers, if any, the MPSC, or any federal, local or other state governmental authority with respect to the Securitization Charges; (iii) delivering bills or arranging for delivery of bills, accounting for Energy Transition Charges; (iv) Securitization Charge Collections, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) resolving delinquencies, processing and depositing collections and collections, making periodic remittances; (vi) remittances and furnishing periodic and current reports reports, to the Issuer, the Trustee, the LPSC Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; (vii) monitoring Customer payments , subject, in the case of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations processing and other obligations (including its credit standards)depositing collections, making periodic remittances and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property furnishing periodic reports, to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect provisions of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) sellingsettling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices;practices for accounts of its own electric service customers; and (xivv) taking action in connection with Energy Transition Securitization Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified limited in their entirety by, and by the Servicer shall at all times comply withprovisions of the Customer Choice Act, the Financing Order, the Securitization Act Order and any LPSC applicable MPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to Securitization Charge Adjustments, data acquisition, usage and bill calculation, billing, customer custo▇▇▇ service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand1 hereto.

Appears in 1 contract

Sources: Servicing Agreement (Consumers Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Rate Stabilization Property; obtaining meter reads; , calculating usage (iii) accounting for Energy Transition Charges; (iv) including any such usage by Customers served by a Third-Party Collector), billing, collections and posting of all payments in respect of the Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the PSC, or any other Governmental Authority with respect to the Rate Stabilization Property; delivering Bills to Customers or Third-Party Collectors; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien lien on and security interest in the Energy Transition Property and other portions of the Trust EstateRate Stabilization Property; making all filings with the PSC and the Maryland State Department of Assessments and Taxation and all filings pursuant to the UCC and taking such other action as may be necessary to perfect and maintain the perfection and first priority of the Indenture Trustee’s Lien lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, security interest in all Rate Stabilization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Applicable Qualified Rate Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5by applicable Requirements of Law, as are in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandconsumption.

Appears in 1 contract

Sources: Rate Stabilization Property Servicing Agreement (RSB Bondco LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: include management, servicing and administration of the Intangible Transition Property (iincluding maintaining records of the cumulative total of IFCs and verifying that such amount has not exceeded the dollar amount of Intangible Transition Property established by the ICC pursuant to a Funding Order); on or before the date of issuance of any Series of Notes, filing with the ICC the filing required by Section 18-107(c)(1) calculating of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and billing initiating such proceedings with the Energy ICC as may be required to ensure that the dollar amount of Intangible Transition Charges; (ii) Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads; (iii) accounting for Energy , calculating usage, billing, collections and posting of all payments in respect of the Intangible Transition Charges; (iv) Property; responding to inquiries by Customers, the ICC or any federal, local or other state governmental authorities with respect to the Intangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) delinquencies, processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Grantee, the Note Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be all necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, as the agent for the Issuer, defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) taking action in connection with Energy Transition Charge Reconciliation Adjustments and allocation True-Up Adjustments as set forth herein. Certain of the charges among various classes of Customers as is duties set forth herein above may be performed by ARES pursuant to ARES Service Agreements. The Servicer shall be allowed to perform its duties hereunder either directly or by or through agents, attorneys, custodians, nominees or (with prior written notice to the Rating Agencies) by delegating all or a portion of its duties to any third-parties; PROVIDED, however, that, notwithstanding any such delegation of duties, the Servicer shall remain liable for the performance of all of its duties and obligations pursuant to the Financing Order; (xv) terms of this Agreement and the other Basic Documents and such delegation shall not relieve the Servicer of its liability and responsibility with respect to such duties or obligations. The fees and expenses of any other such persons to whom the Servicer may delegate duties specified under shall be as agreed between the Financing Order Servicer and such third parties from time to time, and, except for such fees and expenses which are expressly reimbursable hereunder, such third-party fees and expenses shall be performed payable solely by itthe Servicer out of its Servicing Fee and neither the Grantee nor any assignee thereof shall have any responsibility therefor. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply with, the Financing Order, the Securitization Act and by any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance including without limitation payment of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demandall Allocable IFC Revenue Amounts described therein.

Appears in 1 contract

Sources: Intangible Transition Property Servicing Agreement (Comed Funding LLC)

Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer’s 's duties in general shall will include: (i) obtaining meter reads, calculating and billing the Energy Transition ChargesSecuritization Charges and collecting from Customers all Securitization Charge Collections; (ii) obtaining meter readsresponding to inquiries by Customers, Alternative Electric Suppliers, if any, the MPSC, or any federal, local or other state governmental authority with respect to the Securitization Charges; (iii) delivering bills or arranging for delivery of bills, accounting for Energy Transition Charges; (iv) Securitization Charge Collections, investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) resolving delinquencies, processing and depositing collections and collections, making periodic remittances; (vi) remittances and furnishing periodic and current reports reports, to the Issuer, the Trustee, the LPSC Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; (vii) monitoring Customer payments , subject in the case of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations processing and other obligations (including its credit standards)depositing collections, making periodic remittances and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property furnishing periodic reports pursuant to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect provisions of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (xiv) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust Estate; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) sellingsettling, as the agent for the Issuer, as its interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices;practices for accounts of its own electric service customers; and (xivv) taking action in connection with Energy Transition Securitization Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein and pursuant to the Financing Order; (xv) any other duties specified under the Financing Order to be performed by itherein. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified limited in their entirety by, and by the Servicer shall at all times comply withprovisions of the Customer Choice Act, the Financing Order, the Securitization Act Order and any LPSC applicable MPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, Regulation AB and Rule 17g-5, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to Securitization Charge Adjustments, data acquisition, usage and bill calculation, billing, customer custo▇▇▇ service functions, collections, payment processing and remittance set forth in Annex 1, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand1 hereto.

Appears in 1 contract

Sources: Servicing Agreement (Consumers Funding LLC)

Duties of Servicer Generally. The Servicer’s duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Transition Charges; (iv) Property; responding to inquiries by Customers, REPs, the PUCT, or any other Governmental Authority with respect to the Transition Property; delivering Bills to Customers or REPs, if any; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PUCT Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill b▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Transition Charges; (iv) Property; responding to inquiries by Customers, REPs, the PUCT, or any other Governmental Authority with respect to the Transition Property; delivering Bills to Customers or REPs, if any; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PUCT Regulations, the Financing Order, the Securitization Act and any LPSC Regulations, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Transition Charges; (iv) Property; responding to inquiries by Customers, REPs, the PUCT, or any other Governmental Authority with respect to the Transition Property; delivering Bills to Customers or REPs, if any; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Applicable Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PUCT Regulations, the Applicable Financing Order, the Securitization Act and any LPSC RegulationsOrders, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.Reporting Functions.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)

Duties of Servicer Generally. The Servicer’s 's duties in general shall include: (i) calculating include management, servicing and billing administration of the Energy Transition Charges; (ii) Property; obtaining meter reads; , calculating usage (iii) accounting for Energy including demand and including any such usage by Customers served by a REP, when and if the Service Area becomes subject to retail competition), billing, collections and posting of all payments in respect of the Transition Charges; (iv) Property; responding to inquiries by Customers, REPs, the PUCT, or any other Governmental Authority with respect to the Transition Property; delivering Bills to Customers or REPs, if any; investigating and handling delinquencies (and furnishing required reports with respect to such delinquencies to the Issuer); (v) , processing and depositing collections and making periodic remittances; (vi) ; furnishing periodic and current reports to the Issuer, the Trustee, the LPSC Indenture Trustee and the Rating Agencies; (vii) monitoring Customer payments of Energy Transition Charges; (viii) notifying each Customer of any defaults in its payment obligations and other obligations (including its credit standards), and following such collection procedures as it follows with respect to comparable assets that it services for itself or others; (ix) collecting payments of Energy Transition Charges and payments with respect to Energy Transition Property from all persons or entities responsible for paying Energy Transition Charges and other payments with respect to Energy Transition Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable rate schedules and remitting these collections to the Trustee; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to and as permitted in the Intercreditor Agreement, payments in respect of Energy Transition Charges and the Energy Transition Property may be deposited initially into an account held and processed by Cleco Power in its capacity as the Utility for the benefit of the Servicer, and that Cleco Power in its individual capacity may be replaced as the holder of such account by a Successor Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Intercreditor Agreement; (x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Energy Transition Property and the Energy Transition Charges; (xi) making all required filings with the LPSC PUCT and taking such other action as may be necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s 's first priority Lien on the Energy Transition Property and other portions of the Trust EstateProperty; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority of the Indenture Trustee’s 's Lien on the Trust Estate; (a) providing certified calculations and other information reasonably requested by agents appointed by the Servicer to enable those agents to perform collection services, if any, properly under the Intercreditor Agreement and (b) monitoring the collections of the agents, if applicable, for compliance with the Intercreditor Agreement; (xiii) selling, all Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; (xiv) ; taking all necessary action in connection with Energy Transition Charge True-Up Adjustments and allocation of the charges among various classes of Customers as is set forth herein herein; and pursuant to the Financing Order; (xv) any performing such other duties as may be specified under the Applicable Financing Order to be performed by it. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Agreement shall be qualified in their entirety by, and the Servicer shall at all times comply withby any PUCT Regulations, the Applicable Financing Order, the Securitization Act and any LPSC RegulationsOrders, and the federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, including Regulation AB and Rule 17g-5AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the duties and responsibilities relating to data acquisition, usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, payment processing and remittance set forth in Annex 1I hereto, as it may be amended from time to time. For the avoidance of doubt, the term "usage" when used herein refers to both kilowatt hour consumption and kilowatt demand.

Appears in 1 contract

Sources: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)