Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, 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; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.
Appears in 7 contracts
Sources: Storm Recovery Property Servicing Agreement (Duke Energy Carolinas SC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Carolinas SC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Carolinas NC Storm Funding II LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Recovery Property; responding to inquiries by CustomersConsumers, the Commission CPUC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; investigating delivering Bills to Consumers and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); ESPs, processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Tariff; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by it. ESPs pursuant to ESP Service Agreements if such ESPs satisfy the creditworthiness requirements as set forth in PG&E’s Electric Rule 22.P., “Credit Requirements.” Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any Commission CPUC Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 7 contracts
Sources: Recovery Property Servicing Agreement (PG&E Corp), Recovery Property Servicing Agreement (PG&E Wildfire Recovery Funding LLC), Recovery Property Servicing Agreement (PG&E Corp)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Recovery Property; responding to inquiries by Customers, the Commission NYPSC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and the Compliance Tariff Statement; furnishing periodic reports and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with collecting applicable sales, franchise and other similar taxes on the Commission Recovery Charges and remitting such taxes to the appropriate taxing authority on a timely basis; 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified and limited in their entirety by any Commission NYPSC Regulations, the Act, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 6 contracts
Sources: Recovery Property Servicing Agreement (RG&E Storm Funding LLC), Recovery Property Servicing Agreement (NYSEG Storm Funding LLC), Recovery Property Servicing Agreement (RG&E Storm Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Recovery Property; responding to inquiries by CustomersConsumers, the Commission CPUC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; investigating delivering Bills to Consumers and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); ESPs, processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Tariff; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by it. ESPs pursuant to ESP Service Agreements if such ESPs satisfy the creditworthiness requirements as set forth in SCE’s Electric Rule 22.P., “Credit Requirements.” Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any Commission CPUC Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 6 contracts
Sources: Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating consumption, billing the Storm Recovery Chargesusage and billing, collecting the Storm Recovery Charges from Customers and posting all collectionspayments in respect of the Securitization Property or Securitization Charges; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery Securitization Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Securitization 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 all Storm Recovery Securitization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i3.01(a) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
Appears in 6 contracts
Sources: Securitization Property Servicing Agreement (Consumers Energy Co), Intercreditor Agreement (Consumers Energy Co), Securitization Property Servicing Agreement (Consumers Energy Co)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Recovery Property; responding to inquiries by CustomersConsumers, the Commission CPUC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; investigating delivering Bills to Consumers and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); ESPs, processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Tariff; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by it. ESPs pursuant to ESP Service Agreements if such ESPs satisfy the creditworthiness requirements as set forth in SCE’s Electric Rule 22.P., “Credit Requirements.” Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any Commission CPUC Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 5 contracts
Sources: Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC)
Duties of Servicer Generally. (i) 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: management:
(i) calculating the System Restoration Charges and billing the REPs for the System Restoration Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, servicing 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) collecting payments of System Restoration Charges and administration payments with respect to System Restoration Property from all persons or entities responsible for remitting System Restoration Charges and other payments with respect to System Restoration Property to the Servicer under the Financing Order, the Securitization Act, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to any future intercreditor agreement, payments in respect of System Restoration Charges and System Restoration Property may be deposited initially into an account held and processed by CEHE in its capacity as the “Utility” (as such term may be defined and set forth more fully in any such intercreditor agreement) for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CEHE in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a “Successor Servicer” or “Designated Account Holder” as those terms may be defined and set forth more fully in any such intercreditor agreement;
(iv) posting all SRC Collections remitted to the Storm Recovery Charges from Customers Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii));
(v) responding to inquiries by Customers, REPs, the Texas Commission or any other Governmental Authority with respect to the Storm Recovery System Restoration Property or Storm Recovery and the System Restoration Charges; ;
(vi) accounting for SRC Collections and late-payment penalties received from REPs, investigating and handling resolving delinquencies (and furnishing reports with respect to such delinquencies to including, where permitted by the IssuerFinancing Order, Schedule SRC and/or PUCT Regulations, terminating distribution service for nonpayment of charges by end-use customers); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionTrustee 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 Indenture Trustee Financing Order or other applicable law and the Rating Agencies; regulations;
(xi) making all filings with the Texas Commission and taking such all other action actions as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling the Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up System Restoration Charge Adjustments and PBRAF Adjustments as is set forth herein; and ;
(xiv) performing such other duties as may be specified for a servicer under the Financing Order Order, Schedule SRC, the Securitization 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Securitization Act and any PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I, 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 5 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Cost Recovery Property; obtaining meter reads, calculating consumptionrevenue, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of Cost Recovery Property; responding to inquiries by Customers, the Commission Commission, or any other Governmental Authority with respect to the Storm Cost Recovery Property or Storm Recovery ChargesProperty; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission and taking such other action as may be necessary to perfect the Issuer’s ownership interests in interests, and the Indenture Trustee’s first priority Lien on and security interest, in the Storm Cost 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 and security interest in all Storm Recovery Collateral; selling 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; taking all necessary action in connection with the True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption revenue, and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “revenue” when used herein refers to revenues generated from Customers and depositing of collectionsmay, making of periodic remittances among things, be based on kilowatt hour consumption and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 4 contracts
Sources: Servicing Agreement (Kentucky Power Cost Recovery LLC), Servicing Agreement (Kentucky Power Cost Recovery LLC), Servicing Agreement (Kentucky Power Cost Recovery LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Series Property; calculating consumptionnumber of customers, usage and demand, billing the Storm Recovery Series Charges, collecting the Storm Recovery Series 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 Series Property or Storm Recovery Series Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Series 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 all Storm Recovery the 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption usage, demand, customer count and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.A.
Appears in 4 contracts
Sources: Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC), Energy Transition Property Servicing Agreement (PNM Energy Transition Bond Co I, LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Securitized Utility Tariff Property or Storm Recovery Securitized Utility Tariff Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Tariff; furnishing periodic reports and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with collecting applicable sales, franchise and other similar taxes on the Commission Securitized Utility Tariff Charges and remitting such taxes to the appropriate taxing authority on a timely basis; 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified and limited in their entirety by any Commission MPSC Regulations, the Securitization Law, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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: management, servicing and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, 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; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB1, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
Appears in 4 contracts
Sources: Storm Recovery Property Servicing Agreement (Duke Energy Carolinas NC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Progress NC Storm Funding LLC), Storm Recovery Property Servicing Agreement (Duke Energy Progress NC Storm Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating consumption, billing the Storm Recovery Chargesusage and billing, collecting the Storm Recovery Charges from Customers and posting all collectionspayments in respect of the Securitization Property or Securitization Charges; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery Securitization Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Securitization 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 all Storm Recovery Securitization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by the Statute, any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i3.01(a) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
Appears in 4 contracts
Sources: Intercreditor Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Servicing Agreement (Consumers 2023 Securitization Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, 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; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
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. (i) The Servicer’s duties in general shall include: management, servicing :
(i) calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Energy Transition Charges, 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 ;
(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 CommissionTrustee, the Indenture Trustee 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 Commission 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 on the Storm Recovery PropertyEnergy 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 Indenture Trustee’s Lien on all Storm Recovery Collateral; selling 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, 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 True-Up Energy Transition Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein; herein and performing such pursuant to the Financing Order;
(xv) any 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 any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Securitization Act and any LPSC Regulations, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including including, without limitation, Regulation ABAB 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)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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: :
A. management, servicing and administration of of, including billing, collecting and posting all payments in respect of, the Storm Recovery Deferred Fuel Cost Property; ;
B. calculating consumption, usage;
C. billing the Storm Recovery ChargesDeferred Fuel Cost Charge, collecting the Storm Recovery Charges Deferred Fuel Cost Charge from Customers and posting all collections; ;
D. responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Deferred Fuel Cost Property or Storm Recovery Charges; the Deferred Fuel Cost Charge;
E. investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); ;
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;
G. furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; , as applicable;
H. making all filings with the 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 Storm Recovery 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 and security interest in all Storm Recovery Deferred Fuel Cost Collateral; ;
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; ;
K. taking all necessary action in connection with True-Up Adjustments as set forth herein; and and
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 any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.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: management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; calculating consumptioncustomer counts, billing the Storm Recovery Securitized Utility Tariff Charges, collecting the Storm Recovery Securitized Utility Tariff Charges from Customers and posting remitting all collectionscollections in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission Kansas Commission, or any other Governmental Authority with respect to the Storm Recovery Securitized Utility Tariff Property or Storm Recovery the Securitized Utility Tariff Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Kansas Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery PropertySecuritized Utility Tariff Property and other portions of the Securitized 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 all Storm Recovery Securitized Utility Tariff Collateral; selling 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; taking all necessary action in connection with the True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Kansas Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption and bill customer ▇▇▇▇▇▇, ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.Annex 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Phase-In-Recovery Property; obtaining meter reads, calculating consumptionusage, billing billing, collections and posting of all payments in respect of the Storm Phase-In-Recovery Property or Phase-In-Recovery Charges, collecting the Storm Recovery Charges from Customers and posting all collections; responding to inquiries by Customers, the Commission Commission, or any other Governmental Authority with respect to the Storm Phase-In-Recovery Property or Storm Phase-In-Recovery Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Phase-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 and security interest in all Storm Phase-In-Recovery Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s duties will include:
(i) calculating and billing the Transition Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Public Utility Regulatory Act);
(iii) collecting payments of Transition Charges and administration payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Public Utility Regulatory Act, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by CenterPoint Houston in its capacity as the Utility for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CenterPoint Houston in its individual capacity may be replaced as the Storm Recovery Charges, collecting 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 Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii));
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties received from REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Schedule TC5 and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges by end-use customers); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionPUCT, the Indenture Trustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by agents appointed by the Rating Agencies; Servicer to collect the charges to enable the agents to perform collection services properly under the Intercreditor Agreement and monitoring the collections of the agents for compliance with the Intercreditor Agreement;
(viii) 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 Commission PUCT and taking such all other action as may be actions necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling the Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Transition Charge Adjustments and PBRAF Adjustments as is set forth herein; and performing such ;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Public Utility Regulatory Act and any PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 and security interest in all Storm Recovery System Restoration Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 3 contracts
Sources: Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC), Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC), Transition Property Servicing Agreement (AEP Texas Restoration Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionusage, billing billing, collections and posting of all payments in respect of the Storm Recovery Charges, collecting the Storm Recovery Charges from Customers and posting all collectionsProperty; responding to inquiries by Customers, the Commission APSC, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm 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 all Storm Recovery Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission APSC Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties Servicer shall manage, service, administer and make collections in general shall include: management, servicing and administration respect of the Storm Recovery Property; . The Servicer’s duties will include:
(i) calculating consumption, and billing the Storm Recovery Charges;
(ii) obtaining meter reads;
(iii) accounting for Storm Recovery Charges;
(iv) investigating and 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 reports to the Issuer, the Indenture Trustee, the LPSC and the Rating Agencies;
(vii) monitoring Customer payments of 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 the payments of Storm Recovery Charges and payments with respect to Storm Recovery Property from Customers all persons or entities responsible for paying Storm Recovery Charges and posting all collections; other payments with respect to Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable tariffs and remitting these collections to the Indenture Trustee;
(x) responding to inquiries by Customers, the Commission LPSC or any other Governmental Authority with respect to the Storm Recovery Property or and the Storm Recovery Charges; investigating and handling delinquencies ;
(and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; xi) making all required filings with the Commission 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 Storm 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 all Storm Recovery Collateral; selling the other portions of the Trust Estate under the Indenture;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth hereinherein and pursuant to the Financing Order; and performing such and
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order 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, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Annex 1 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesSecuritized Utility Tariff Property; investigating and handling delinquencies (and furnishing reports with respect delivering Bills to such delinquencies to the Issuer); Customers, processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Tariff; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings collecting applicable sales, franchise and other similar taxes on the Securitized Utility Tariff Charges and remitting such taxes to the appropriate taxing authority on a timely basis; collecting Income Tax, included in the Securitized Utility Tariff Charge, that will be owed by the Liberty with respect to such Securitized Utility Tariff Charges and distributing such amounts to Liberty Utilities (America) Co. which will file the Commission consolidated US income tax return on behalf of the consolidated group that includes Liberty; 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission MPSC Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 3 contracts
Sources: Securitized Utility Tariff Property Servicing Agreement (Empire District Bondco, LLC), Securitized Utility Tariff Property Servicing Agreement (Empire District Bondco, LLC), Securitized Utility Tariff Property Servicing Agreement (Empire District Bondco, LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; obtaining meter reads, calculating consumptionelectric usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission MoPSC, or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesSecuritized Utility Tariff Property; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittancesremittances pursuant to the Financing Order and each Securitized Utility Tariff Charge Rider SUR; furnishing periodic reports and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with collecting applicable sales, franchise and other similar taxes on the Commission Securitized Utility Tariff Charges and remitting such taxes to the appropriate taxing authority on a timely basis; 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified and limited in their entirety by any Commission MoPSC Regulations, the Securitization Law, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I hereto, as it may be amended from time to time. For the avoidance of doubt, the term “usage” when used herein includes references to both kilowatt hour consumption and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Series Property; calculating consumption, billing the Storm Recovery Series Charges, collecting the Storm Recovery Series 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 Series Property or Storm Recovery Series Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Series 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 all Storm Recovery 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery CRR Property; obtaining meter reads, calculating consumptionusage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the CRR Property or CRR Charges; responding to inquiries by Customers, the Commission Commission, or any other Governmental Authority with respect to the Storm Recovery CRR Property or Storm Recovery CRR Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery CRR 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 and security interest in all Storm Recovery CRR Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; ensuring that any and all tax surcharges or tax adjustments billed by it to Customers on account of the CRR Charges or which are otherwise included in CRR Charges are paid to the 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP, billing when and if the Storm Recovery ChargesService Area becomes subject to retail competition), collecting the Storm Recovery Charges from Customers billing, collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 and security interest in all Storm Recovery System Restoration Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including including, without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; calculating electricity consumption, billing the Storm Recovery Securitization Charges, collecting the Storm Recovery Securitization Charges from Customers and posting remitting all collectionscollections in respect of the Securitization Property; responding to inquiries by Customers, the Commission Indiana Commission, or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery the Securitization Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Indiana Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Indiana 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 Storm Recovery PropertySecuritization 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 Indenture Trustee’s Lien on all Storm Recovery Collateralof the Trust Estate; selling 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any applicable Indiana Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.Annex I.
Appears in 3 contracts
Sources: Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Environmental Control Property; obtaining meter reads, calculating consumptionusage and demand; billing, billing the Storm Recovery Charges, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Environmental Control Property; responding to inquiries by Customers, the Commission PSCW or any other Governmental Authority with respect to the Storm Recovery Environmental Control Property or Storm Recovery Environmental Control Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Environmental 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 all Storm Recovery Environmental Trust 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PSCW Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including including, without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption usage, demand and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex I 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating consumption, billing the Storm Recovery Chargesusage and billing, collecting the Storm Recovery Charges from Customers and posting all collectionspayments in respect of the Securitization Property or Securitization Charges; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery Securitization Charges; delivering Bills to the Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Securitization 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 all Storm Recovery Securitization 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by the Statute, any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including including, without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and usage, bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Annex I attached hereto. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i3.01(a) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
Appears in 3 contracts
Sources: Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC)
Duties of Servicer Generally. (i) The Servicer’s duties Servicer shall manage, service, administer and make collections in general shall include: management, servicing and administration respect of the Storm Recovery Property; . The Servicer’s duties will include:
(i) calculating consumption, and billing the Storm Recovery Charges;
(ii) obtaining meter reads;
(iii) accounting for Storm Recovery Charges;
(iv) investigating and 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 reports to the Issuer, the Trustee, the LPSC and the Rating Agencies;
(vii) monitoring Customer payments of 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 the payments of Storm Recovery Charges and payments with respect to Storm Recovery Property from Customers all persons or entities responsible for paying Storm Recovery Charges and posting all collections; other payments with respect to Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable tariffs and remitting these collections to the Trustee;
(x) responding to inquiries by Customers, the Commission LPSC or any other Governmental Authority with respect to the Storm Recovery Property or and the Storm Recovery Charges; investigating and handling delinquencies ;
(and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; xi) making all required filings with the Commission 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 on the Storm 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 Indenture Trustee’s Lien on all Storm Recovery Collateral; selling other portions of the Trust Estate under the Indenture;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein; herein and performing such pursuant to the Financing Order;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order 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, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, 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; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB1, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Investment Recovery Property; obtaining meter reads, calculating consumptionelectricity usage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Investment Recovery Property; responding to inquiries by Customers, the Commission LPSC, or any other Governmental Authority with respect to the Storm Investment Recovery Property or Storm Recovery ChargesProperty; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Investment 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 and security interest in all Storm Investment Recovery Bond Collateral; selling selling, as the agent for the Issuer, as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission LPSC Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, 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; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor 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. (i) The Servicer will manage, service, administer and make collections in respect of the Transition Bond Charge. The Servicer’s duties in general shall will include: management:
(i) obtaining meter reads, servicing calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, Transition Bond Charge in accordance with the Financing Order and collecting the Storm Recovery Charges Transition Bond Charge from Customers and posting all collections; Third Parties, as applicable;
(ii) responding to inquiries by Customers, Third Parties, the Commission BPU, or any federal, local or other Governmental Authority state governmental authority with respect to the Storm Recovery Property Transition Bond Charge;
(iii) delivering bills or Storm Recovery Charges; arranging for the delivery of bills to Customers and Third Parties, accounting for TBC Collections, investigating and handling resolving delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and collections, making periodic remittances; remittances and furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 all Storm Recovery Collateral; selling ;
(iv) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practicespractices for accounts of its own electric service customers; and
(v) taking all necessary action in connection with True-Up Transition Bond Charge Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by the Competition Act and any Commission Regulationsother applicable law effective in New Jersey, the Financing Order Order, any BPU Regulations and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(a), in furtherance of the foregoing, the Servicer hereby agrees that it shall also have, and shall comply with, the procedures, duties and responsibilities relating set forth in Exhibit A hereto which, among other things, relate to data acquisition, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementsremittance.
Appears in 2 contracts
Sources: Servicing Agreement (JCP&L Transition Funding II LLC), Servicing Agreement (JCP&L Transition Funding II LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Intangible Transition Property (including 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) of the Funding Law to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition 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, calculating consumptionusage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Intangible Transition Property; responding to inquiries by Customers, the Commission ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesIntangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the IssuerGrantee, the CommissionNote Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES 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 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 such persons to whom the Servicer may delegate duties shall be as agreed between the 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 payable solely by the 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, including without limitation payment of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementsall 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. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating consumptionusage; billing, billing the Storm Recovery Charges, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Securitization Property or Securitization Charges; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery Securitization Charges; delivering Bills to the respective Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Securitization 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 all Storm Recovery Securitization 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including including, without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(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, consumption and bill usage, ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex I attached hereto.
Appears in 2 contracts
Sources: Securitization Property Servicing Agreement (DTE Electric Securitization Funding I LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding I LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Series 2003-1 Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Series 2003-1 Transition Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the Commission PUCT or any other Governmental Authority with respect to the Storm Recovery Series 2003-1 Transition Property or Storm Recovery and the Series 2003-1 Transition Charges; delivering Bills to Customers and Third-Party Collectors, accounting for receipt of the Series 2003-1 Transition Charges, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Series 2003-1 Transition 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 's lien on and security interest in all Storm Recovery Collateral associated with the Series 2003-1 Transition Property (the "Series 2003-1 Collateral"); selling 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; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service custome▇ ▇▇rvice functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectricity usage, billing billing, collections and posting of all payments in respect of the Storm Recovery Charges, collecting the Storm Recovery Charges from Customers and posting all collectionsProperty; responding to inquiries by Customers, the Commission Council, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm 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 and security interest in all Storm Recovery Bond Collateral; selling selling, as the agent for the Issuer, as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Council Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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: include management, servicing and administration of the Storm Recovery Property; obtaining meter reads, calculating consumptionelectricity usage, billing billing, collections and posting of all payments in respect of the Storm Recovery Charges, collecting the Storm Recovery Charges from Customers and posting all collectionsProperty; responding to inquiries by Customers, the Commission Council, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesProperty; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm 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 and security interest in all Storm Recovery Bond Collateral; selling selling, as the agent for the Issuer, as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Council Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation▇▇▇culation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties Servicer shall manage, service, administer and make collections in general shall include: management, servicing and administration respect of the Storm Recovery Property; . The Servicer’s duties will include:
(i) calculating consumption, and billing the Storm Recovery Charges;
(ii) obtaining meter reads;
(iii) accounting for Storm Recovery Charges;
(iv) investigating and 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 reports to the Issuer, the Trustee, the LPSC and the Rating Agencies;
(vii) monitoring Customer payments of 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 the payments of Storm Recovery Charges and payments with respect to Storm Recovery Property from Customers all persons or entities responsible for paying Storm Recovery Charges and posting all collections; other payments with respect to Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable tariffs and remitting these collections to the Trustee;
(x) responding to inquiries by Customers, the Commission LPSC or any other Governmental Authority with respect to the Storm Recovery Property or and the Storm Recovery Charges; investigating and handling delinquencies ;
(and furnishing reports with respect to such delinquencies to the Issuer); processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; xi) making all required filings with the Commission 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 on the Storm 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 Indenture Trustee’s Lien on all Storm Recovery Collateral; selling other portions of the Trust Estate under the Indenture;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Storm Recovery Charge Adjustments and allocation of the charges among various classes of Customers as is set forth herein; herein and performing such pursuant to the Financing Order;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order 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, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 and security interest in all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 2 contracts
Sources: Transition Property Servicing Agreement (AEP Transition Funding III LLC), Transition Property Servicing Agreement (AEP Transition Funding III LLC)
Duties of Servicer Generally. (i) The Servicer shall manage, service, administer and make collections in respect of the System Restoration Property. The Servicer’s duties will include:
(i) calculating and billing the System Restoration Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Public Utility Regulatory Act);
(iii) collecting payments of System Restoration Charges and administration payments with respect to System Restoration Property from all persons or entities responsible for remitting System Restoration Charges and other payments with respect to System Restoration Property to the Servicer under the Financing Order, the Public Utility Regulatory Act, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of System Restoration Charges and System Restoration Property may be deposited initially into an account held and processed by CenterPoint Houston in its capacity as the Utility for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CenterPoint Houston in its individual capacity may be replaced as the Storm Recovery Charges, collecting 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 Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all SRC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii));
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery System Restoration Property or Storm Recovery and the System Restoration Charges; ;
(vi) accounting for SRC Collections and late-payment penalties received from REPs, investigating and handling resolving delinquencies (and furnishing reports with respect to such delinquencies to including, where permitted by the IssuerFinancing Order, Schedule SRC and/or PUCT Regulations, terminating distribution service for nonpayment of charges by end-use customers); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionPUCT, the Indenture Trustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by agents appointed by the Rating Agencies; Servicer to collect the charges to enable the agents to perform collection services properly under the Intercreditor Agreement and monitoring the collections of the agents for compliance with the Intercreditor Agreement;
(viii) 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 Commission PUCT and taking such all other action as may be actions necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling the Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up System Restoration Charge Adjustments and PBRAF Adjustments as is set forth herein; and performing such ;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Public Utility Regulatory Act and any PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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 will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer’s duties in general shall will include: management:
(i) obtaining meter reads, servicing calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, Securitization Charges and collecting the Storm Recovery Charges from Customers and posting all collections; Securitization Charge Collections;
(ii) responding to inquiries by Customers, Alternative Electric Suppliers, if any, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authority with respect to the Storm Recovery Property Securitization Charges;
(iii) delivering bills or Storm Recovery Charges; arranging for delivery of bills, accounting for Securitization Charge Collections, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); resolving delinquencies, processing and depositing collections and collections, making periodic remittances; remittances and furnishing periodic and current reports reports, to the Issuer, the CommissionTrustee, the Indenture Trustee Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; , subject, in the case of processing and depositing collections, making all filings with periodic remittances and furnishing periodic reports, to the 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 Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority provisions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Intercreditor Agreement;
(iv) settling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s usual and customary practicespractices for accounts of its own electric service customers; and
(v) taking all necessary action in connection with True-Up Securitization Charge Adjustments as is set forth herein; 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 Servicing Agreement shall be qualified limited in their entirety by any Commission Regulationsthe provisions of the Customer Choice Act, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABany applicable MPSC Regulations, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex 1 hereto.
Appears in 2 contracts
Sources: Intercreditor Agreement (Consumers Energy Co), Intercreditor Agreement (Consumers Energy Co)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitized Utility Tariff Property; calculating consumption, customer counts; billing the Storm Recovery Securitized Utility Tariff Charges, collecting the Storm Recovery Securitized Utility Tariff Charges from Customers and posting remitting all collectionscollections in respect of the Securitized Utility Tariff Property; responding to inquiries by Customers, the Commission Commission, or any other Governmental Authority with respect to the Storm Recovery Securitized Utility Tariff Property or Storm Recovery the Securitized Utility Tariff Charges; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery PropertySecuritized Utility Tariff Property or other portions of the Securitized 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 all Storm Recovery Securitized Utility Tariff Bond Collateral; selling 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption and customer count, bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreements.Annex 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. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 lien and security interest on the Storm Recovery Transition 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 and security interest in all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Applicable Financing Order Orders, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 2 contracts
Sources: Transition Property Servicing Agreement (Aep Texas Central Co), Transition Property Servicing Agreement (Aep Texas Central Co)
Duties of Servicer Generally. (i) The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer’s duties will include:
(i) calculating and billing the Transition Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Texas Electric Choice Plan);
(iii) collecting payments of Transition Charges and administration payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Texas Electric Choice Plan, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by CenterPoint Houston in its capacity as the Utility for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CenterPoint Houston in its individual capacity may be replaced as the Storm Recovery Charges, collecting 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 Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii));
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties received from REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Schedule TC3 and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionPUCT, the Indenture Trustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by agents appointed by the Rating Agencies; Servicer to collect the charges to enable the agents to perform collection services properly under the Intercreditor Agreement and monitoring the collections of the agents for compliance with the Intercreditor Agreement;
(viii) 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 Commission PUCT and taking such all other action as may be actions necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling the Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Transition Charge Adjustments and PBRAF Adjustments as is set forth herein; and performing such ;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Texas Electric Choice Plan and any PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt 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 will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer's duties will include:
(i) The Servicer’s duties in general shall include: managementobtaining meter reads, servicing calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, Securitization Charges and collecting the Storm Recovery Charges from Customers and posting all collections; Securitization Charge Collections;
(ii) responding to inquiries by Customers, Alternative Electric Suppliers, if any, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authority with respect to the Storm Recovery Property Securitization Charges;
(iii) delivering bills or Storm Recovery Charges; arranging for delivery of bills, accounting for Securitization Charge Collections, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); resolving delinquencies, processing and depositing collections and collections, making periodic remittances; remittances and furnishing periodic and current reports reports, to the Issuer, the CommissionTrustee, the Indenture Trustee Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; , subject in the case of processing and depositing collections, making all filings with periodic remittances and furnishing periodic reports pursuant to the 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 Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority provisions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Intercreditor Agreement;
(iv) settling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practicespractices for accounts of its own electric service customers; and
(v) taking all necessary action in connection with True-Up Securitization Charge Adjustments as is set forth herein; 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 Servicing Agreement shall be qualified limited in their entirety by any Commission Regulationsthe provisions of the Customer Choice Act, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABany applicable MPSC Regulations, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer custo▇▇▇ service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex 1 hereto.
Appears in 1 contract
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP, billing when and if the Storm Recovery ChargesService Area becomes subject to retail competition), collecting the Storm Recovery Charges from Customers billing, collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Applicable Financing Order Orders, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.Reporting Functions.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP, billing when and if the Storm Recovery ChargesService Area becomes subject to retail competition), collecting the Storm Recovery Charges from Customers billing, collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Applicable Financing Order Orders, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Entergy Gulf States Reconstruction Funding I, LLC)
Duties of Servicer Generally. The Servicer shall manage, service, administer and make collections in respect of the Transition Property. The Servicer's duties will include:
(i) The Servicer’s duties obtaining meter reads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Texas Electric Choice Plan);
(ii) calculating and administration billing the Transition Charges;
(iii) collecting payments of Transition Charges and payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Texas Electric Choice Plan, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by Reliant Energy in its individual capacity for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that Reliant Energy in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.02);
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties of REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Tariff TC and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionTrustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by any party to the Intercreditor Agreement to allow such party to perform its duties properly under the Intercreditor Agreement and monitoring collections, allocations and remittances of funds for compliance with the Intercreditor Agreement;
(viii) 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 Indenture Trustee and the Rating Agencies; making all filings with the Commission and taking such Financing Order or other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling applicable law;
(xi) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; ;
(xii) taking all necessary action in connection with True-Up Transition Charge Adjustments and RAAF Adjustments as is set forth herein; and performing such and
(xiii) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Texas Utilities Code and the U.S. federal securities laws and the rules and regulations promulgated thereunderany PUCT Regulations, including without limitation, Regulation AB, 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)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsA hereto.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Reliant Energy Transition Bond Co LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP, billing when and if the Storm Recovery ChargesService Area becomes subject to retail competition), collecting the Storm Recovery Charges from Customers billing, collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Uplift Property; calculating consumption, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers and posting of all collectionspayments in respect of the Uplift Property; responding to inquiries by CustomersQSEs, representing obligated load serving entities ("Obligated LSEs"), responsible for the assessment, collection and payment of Uplift Charges ("Responsible QSEs"). Responsible QSEs, the Commission Commission, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesUplift Property; delivering bills to Responsible QSEs; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the CommissionIndenture Trustee, the Indenture Trustee and the Rating AgenciesAgency; making all filings with the 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 Storm Recovery Uplift 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 and security interest in all Storm Recovery Texas Stabilization N Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order Debt Obligation Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collectionsAnnex I hereto, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall as it may be subject amended from time to the provisions of the Intercreditor Agreementstime.
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 duties will include:
(i) The Servicer’s duties calculating and billing the Transition Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, as necessary (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Texas Electric Choice Plan);
(iii) collecting payments of Transition Charges and administration payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Texas Electric Choice Plan, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by CenterPoint Houston in its capacity as the Utility for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CenterPoint Houston in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.02);
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties of REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Schedule TC2 and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionPUCT, the Indenture Trustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by agents appointed by the Rating Agencies; Servicer to collect the charges to enable the agents to perform collection services properly under the Intercreditor Agreement and monitoring the collections of the agents for compliance with the Intercreditor Agreement;
(viii) 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 Commission PUCT and taking such all other action as may be actions necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority 's Lien on the Storm 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 all Storm Recovery Collateral; selling Series Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Transition Charge Adjustments and PBRAF Adjustments as is set forth herein; and performing such and
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Texas Electric Choice Plan and the U.S. federal securities laws and the rules and regulations promulgated thereunderany PUCT Regulations, including without limitation, Regulation AB, 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)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsA hereto.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO II, LLC)
Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer's duties will include:
(i) The Servicer’s duties in general shall include: managementobtaining meter reads, servicing calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, Securitization Charges and collecting the Storm Recovery Charges from Customers and posting all collections; Securitization Charge Collections;
(ii) responding to inquiries by Customers, Alternative Electric Suppliers, if any, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authority with respect to the Storm Recovery Property Securitization Charges;
(iii) delivering bills or Storm Recovery Charges; arranging for delivery of bills, accounting for Securitization Charge Collections, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); resolving delinquencies, processing and depositing collections and collections, making periodic remittances; remittances and furnishing periodic and current reports reports, to the Issuer, the CommissionTrustee, the Indenture Trustee Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; , subject, in the case of processing and depositing collections, making all filings with periodic remittances and furnishing periodic reports, to the 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 Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority provisions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Intercreditor Agreement;
(iv) settling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practicespractices for accounts of its own electric service customers; and
(v) taking all necessary action in connection with True-Up Securitization Charge Adjustments as is set forth herein; 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 Servicing Agreement shall be qualified limited in their entirety by any Commission Regulationsthe provisions of the Customer Choice Act, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABany applicable MPSC Regulations, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex 1 hereto.
Appears in 1 contract
Sources: Servicing Agreement (Consumers Energy Co Financing V)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Series 2004-1 Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Series 2004-1 Transition Property; responding to inquiries by Customers, Third-Party Collectors, REPs and the Commission PUCT or any other Governmental Authority with respect to the Storm Recovery Series 2004-1 Transition Property or Storm Recovery and the Series 2004-1 Transition Charges; delivering Bills to Customers and Third-Party Collectors, accounting for receipt of the Series 2004-1 Transition Charges, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Series 2004-1 Transition 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 's lien on and security interest in all Storm Recovery Collateral associated with the Series 2004-1 Transition Property (the "Series 2004-1 Collateral"); selling 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; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service custome▇ ▇▇rvice functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Txu Electric Delivery Transition Bond Co LLC)
Duties of Servicer Generally. (i) 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: management:
(i) calculating the System Restoration Charges and billing the REPs for the System Restoration Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, servicing 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) collecting payments of System Restoration Charges and administration payments with respect to System Restoration Property from all persons or entities responsible for remitting System Restoration Charges and other payments with respect to System Restoration Property to the Servicer under the Financing Order, the Securitization Act, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of System Restoration Charges and System Restoration Property may be deposited initially into an account held and processed by CEHE in its capacity as the “Utility” (as such is defined in the Intercreditor Agreement) for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CEHE in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a “Successor Servicer” or “Designated Account Holder” as those terms are defined in and set forth more fully in the Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all SRC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.05(c)(ii));
(v) responding to inquiries by Customers, REPs, the Texas Commission or any other Governmental Authority with respect to the Storm Recovery System Restoration Property or Storm Recovery and the System Restoration Charges; ;
(vi) accounting for SRC Collections and late-payment penalties received from REPs, investigating and handling resolving delinquencies (and furnishing reports with respect to such delinquencies to including, where permitted by the IssuerFinancing Order, Schedule SRC and/or PUCT Regulations, terminating distribution service for nonpayment of charges by end-use customers); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionTrustee 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 the Intercreditor Agreement and monitoring the collections of the agents for compliance with the 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 Indenture Trustee Financing Order or other applicable law and the Rating Agencies; regulations;
(xi) making all filings with the Texas Commission and taking such all other action actions as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling the Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up System Restoration Charge Adjustments and PBRAF Adjustments as is set forth herein; and ;
(xiv) performing such other duties as may be specified for a servicer under the Financing Order Order, Schedule SRC, the Securitization Act or other applicable law; and
(xv) reconciling, within 30 calendar days after each 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Securitization Act and any PUCT Regulations, orders or directions and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABAB 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)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I, 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: System Restoration Property Servicing Agreement (Centerpoint Energy Houston Electric LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Rate Stabilization Property; obtaining meter reads, calculating consumptionusage (including any such usage by Customers served by a Third-Party Collector), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the Commission PSC, or any other Governmental Authority with respect to the Storm Recovery Property Rate Stabilization Property; delivering Bills to Customers or Storm Recovery ChargesThird-Party Collectors; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Rate 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 and security interest in all Storm Recovery Rate Stabilization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABapplicable 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)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, as it may be amended from time to time. For the avoidance of collectionsdoubt, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject the term “usage” when used herein refers to the provisions of the Intercreditor Agreementskilowatt hour consumption.
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 duties will include:
(i) The Servicer’s duties calculating and billing the Transition Charges;
(ii) obtaining meter reads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Texas Electric Choice Plan);
(iii) collecting payments of Transition Charges and administration payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Texas Electric Choice Plan, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by CenterPoint Houston in its capacity as the Utility for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that CenterPoint Houston in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.02);
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties of REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Schedule TC2 and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionPUCT, the Indenture Trustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by agents appointed by the Rating Agencies; Servicer to collect the charges to enable the agents to perform collection services properly under the Intercreditor Agreement and monitoring the collections of the agents for compliance with the Intercreditor Agreement;
(viii) 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 Commission PUCT and taking such all other action as may be actions necessary to perfect the Issuer’s 's ownership interests in and the Indenture Trustee’s first priority 's Lien on the Storm 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 all Storm Recovery Collateral; selling Series Trust Estate;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Transition Charge Adjustments and PBRAF Adjustments as is set forth herein; and performing such and
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Texas Electric Choice Plan and the U.S. federal securities laws and the rules and regulations promulgated thereunderany PUCT Regulations, including without limitation, Regulation AB, 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)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment p▇▇▇▇nt processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsA hereto.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (CenterPoint Energy Transition Bond CO II, LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesTransition Property; delivering Bills to Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Note Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 's lien on and security interest in all Storm Recovery CollateralNote Collateral not constituting Transition Property; selling as the agent for the Issuer, Note Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment p▇▇▇▇nt processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (CPL Transition Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Intangible Transition Property (including 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) of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads, calculating consumptionusage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Intangible Transition Property; responding to inquiries by Customers, the Commission ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesIntangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the IssuerGrantee, the CommissionNote Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES 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 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 such persons to whom the Servicer may delegate duties shall be as agreed between the 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 payable solely by the 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, including without limitation payment of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementsall Allocable IFC Revenue Amounts described therein.
Appears in 1 contract
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Rate Stabilization Property; obtaining meter reads, calculating consumptionusage (including any such usage by Customers served by a Third-Party Collector), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Rate Stabilization Property; responding to inquiries by Customers, Third-Party Collectors, the Commission PSC, or any other Governmental Authority with respect to the Storm Recovery Property Rate Stabilization Property; delivering Bills to Customers or Storm Recovery ChargesThird-Party Collectors; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Rate 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 and security interest in all Storm Recovery Rate Stabilization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; and 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABapplicable 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)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, as it may be amended from time to time. For the avoidance of collectionsdoubt, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject the term “usage” when used herein refers to the provisions of the Intercreditor Agreementskilowatt hour consumption.
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 duties will include:
(i) The Servicer’s duties obtaining meter reads and providing such metering information to the REPs, as applicable (unless another entity assumes metering responsibilities in general shall include: managementaccordance with the Financing Order, servicing applicable tariffs or the Texas Electric Choice Plan);
(ii) calculating and administration billing the Transition Charges;
(iii) collecting payments of Transition Charges and payments with respect to Transition Property from all persons or entities responsible for remitting Transition Charges and other payments with respect to Transition Property to the Servicer under the Financing Order, the Texas Electric Choice Plan, PUCT Regulations or applicable tariffs; provided, however, the Issuer and the Servicer acknowledge and agree that pursuant to the Intercreditor Agreement, payments in respect of Transition Charges and Transition Property may be deposited initially into an account held and processed by Reliant Energy in its individual capacity for the benefit of the Storm Recovery Property; calculating consumptionServicer, billing and that Reliant Energy in its individual capacity may be replaced as the Storm Recovery Charges, collecting holder of such account by a Replacement Servicer or Designated Account Holder as those terms are defined and as set forth more fully in the Storm Recovery Charges from Customers Intercreditor Agreement;
(iv) posting all TC Collections remitted to the Servicer and posting all collections; late-payment penalties assessed against REPs (as described in Section 3.02);
(v) responding to inquiries by Customers, REPs, the Commission PUCT or any other Governmental Authority State, local or federal governmental authority with respect to the Storm Recovery Transition Property or Storm Recovery and the Transition Charges; ;
(vi) accounting for TC Collections and late-payment penalties of REPs, investigating and handling resolving delinquencies (including, where permitted by the Financing Order, Tariff TC and/or PUCT Regulations, terminating transmission and furnishing reports with respect to such delinquencies to the Issuerdistribution service for nonpayment of charges); , processing and depositing collections and collections, making periodic remittances; remittances to the Trustee and furnishing periodic and current reports to the Issuer, the CommissionTrustee and each Rating Agency;
(vii) providing certified calculations and other information reasonably requested by any party to the Intercreditor Agreement to allow such party to perform its duties properly under the Intercreditor Agreement and monitoring collections, allocations and remittances of funds for compliance with the Intercreditor Agreement;
(viii) 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 Indenture Trustee and the Rating Agencies; making all filings with the Commission and taking such Financing Order or other action as may be necessary to perfect the Issuer’s ownership interests in and the Indenture Trustee’s first priority Lien on the Storm 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 all Storm Recovery Collateral; selling applicable law;
(xi) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; ;
(xii) taking all necessary action in connection with True-Up Transition Charge Adjustments and RAAF Adjustments as is set forth herein; and performing such and
(xiii) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order Order, the Texas Electric Choice Plan and the U.S. federal securities laws and the rules and regulations promulgated thereunderany PUCT Regulations, including without limitation, Regulation AB, 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)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsA hereto.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Reliant Energy Transition Bond Co LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP, billing when and if the Storm Recovery ChargesService Area becomes subject to retail competition), collecting the Storm Recovery Charges from Customers billing, collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property Transition Property; delivering Bills to Customers or Storm Recovery ChargesREPs, if any; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 all Storm Recovery Transition Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission PUCT Regulations, the Financing Order Order, and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill b▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery PropertyIntangible Transition Property (including maintaining records of the cumulative total of IFC Collections and verifying that such amount has not exceeded any cap established by the ICC pursuant to a Funding Order)(1); obtaining meter reads, calculating consumptionusage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Intangible Transition Property; responding to inquiries by Customers, the Commission ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesIntangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the IssuerGrantee, the CommissionNote Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES pursuant to ARES Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth ----------------------------
(1) Need to confirm adequacy of procedures to monitor this number and whether procedures need further description in this Servicing document. in this Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, including without limitation payment of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementsall Allocable IFC Revenue Amounts described therein.
Appears in 1 contract
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesTransition Property; delivering Bills to Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Note Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission 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 Storm Recovery Transition 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 's lien on and security interest in all Storm Recovery CollateralNote Collateral not constituting Transition Property; selling as the agent for the Issuer, Note Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practices; and taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (CPL Transition Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Transition Property; obtaining meter reads, calculating consumptionusage (including demand and including any such usage by Customers served by a REP), billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Transition Property; responding to inquiries by Customers, REPs, the Commission PUCT, or any other Governmental Authority with respect to the Storm Recovery Property or Storm Recovery ChargesTransition Property; delivering Bills to Customers and REPs, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Note Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the Commission and taking such other action PUCT 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 Storm Recovery Transition 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 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; taking all necessary action in connection with True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itREPs pursuant to REP Service Agreements. Anything to the contrary notwithstanding, the duties of the Servicer set forth in this Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, PUCT Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing Annex I 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Transition Property Servicing Agreement (Central & South West Corp)
Duties of Servicer Generally. (i) The Servicer’s 's duties in general shall include: include management, servicing and administration of the Storm Recovery Intangible Transition Property (including 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) of the Funding Laws to perfect the lien of the Indenture Trustee in the Intangible Transition Property; making such filings and initiating such proceedings with the ICC as may be required to ensure that the dollar amount of Intangible Transition Property authorized by the Funding Orders is adequate for the payment in full of all principal and interest on the Notes; obtaining meter reads, calculating consumptionusage, billing the Storm Recovery Chargesbilling, collecting the Storm Recovery Charges from Customers collections and posting of all collectionspayments in respect of the Intangible Transition Property; responding to inquiries by Customers, the Commission ICC or any federal, local or other Governmental Authority state governmental authorities with respect to the Storm Recovery Property or Storm Recovery ChargesIntangible Transition Property; delivering Bills to Customers and ARES, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); delinquencies, processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the IssuerGrantee, the CommissionNote Issuer, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm 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 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; taking all necessary action in connection with Reconciliation Adjustments and True-Up Adjustments as set forth herein; and performing such other . Certain of the duties as set forth above may be specified under the Financing Order to be performed by itARES 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 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 such persons to whom the Servicer may delegate duties shall be as agreed between the 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 payable solely by the 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, ICC Regulations as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing Annex I hereto, including without limitation payment of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementsall Allocable IFC Revenue Amounts described therein.
Appears in 1 contract
Sources: Intangible Transition Property Servicing Agreement (Comed Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties in general shall include: management, servicing and administration of the Storm Recovery Securitization Property; obtaining meter reads, calculating consumption, billing the Storm Recovery Chargesusage and billing, collecting the Storm Recovery Charges from Customers and posting all collectionspayments in respect of the Securitization Property or Securitization Charges; responding to inquiries by Customers, the Commission or any other Governmental Authority with respect to the Storm Recovery Securitization Property or Storm Recovery Securitization Charges; delivering Bills to Customers; investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); , processing and depositing collections and making periodic remittances; furnishing periodic and current reports to the Issuer, the Commission, the Indenture Trustee and the Rating Agencies; making all filings with the 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 Storm Recovery Securitization 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 all Storm Recovery Securitization Bond Collateral; selling as the agent for the Issuer, Issuer as its interests may appear, appear defaulted or written off accounts in accordance with the Servicer’s usual and customary practices; taking all necessary action in connection with True-Up Adjustments as set forth herein; 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulations, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i3.01(a) shall be subject to the provisions of the Intercreditor AgreementsAgreement.
Appears in 1 contract
Sources: Intercreditor Agreement (Consumers 2023 Securitization Funding LLC)
Duties of Servicer Generally. The Servicer will manage, service, administer and effect collections in respect of the Securitization Charges. The Servicer's duties will include:
(i) The Servicer’s duties in general shall include: managementobtaining meter reads, servicing calculating and administration of the Storm Recovery Property; calculating consumption, billing the Storm Recovery Charges, Securitization Charges and collecting the Storm Recovery Charges from Customers and posting all collections; Securitization Charge Collections;
(ii) responding to inquiries by Customers, Alternative Electric Suppliers, if any, the Commission MPSC, or any federal, local or other Governmental Authority state governmental authority with respect to the Storm Recovery Property Securitization Charges;
(iii) delivering bills or Storm Recovery Charges; arranging for delivery of bills, accounting for Securitization Charge Collections, investigating and handling delinquencies (and furnishing reports with respect to such delinquencies to the Issuer); resolving delinquencies, processing and depositing collections and collections, making periodic remittances; remittances and furnishing periodic and current reports reports, to the Issuer, the CommissionTrustee, the Indenture Trustee Securitization Bondholders, the Securities and Exchange Commission and the Rating Agencies; , subject, in the case of processing and depositing collections, making all filings with periodic remittances and furnishing periodic reports, to the 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 Storm Recovery Property; making all filings and taking such other action as may be necessary to perfect and maintain the perfection and priority provisions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Intercreditor Agreement;
(iv) settling, as the agent for the Issuer, as its interests interest may appear, defaulted or written off accounts in accordance with the Servicer’s 's usual and customary practicespractices for accounts of its own electric service customers; and
(v) taking all necessary action in connection with True-Up Securitization Charge Adjustments as is set forth herein; 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 Servicing Agreement shall be qualified limited in their entirety by any Commission Regulationsthe provisions of the Customer Choice Act, the Financing Order and the U.S. federal securities laws and the rules and regulations promulgated thereunder, including without limitation, Regulation ABany applicable MPSC Regulations, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer custo▇▇▇ service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing and depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor AgreementsAnnex 1 hereto.
Appears in 1 contract
Duties of Servicer Generally. (i) The Servicer’s duties Servicer shall manage, service, administer and make collections in general shall include: management, servicing and administration respect of the Storm Recovery Property; . The Servicer's duties will include:
(i) calculating consumption, and billing the Storm Recovery Charges, collecting the ;
(ii) obtaining meter reads;
(iii) accounting for collected 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; late-payment penalties;
(iv) investigating and handling resolving delinquencies (and furnishing 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 CommissionTrustee, the Indenture Trustee LPSC and the Rating Agencies; ;
(vii) monitoring customer payments of 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 Storm Recovery Charges and payments with respect to Storm Recovery Property from all persons or entities responsible for remitting Storm Recovery Charges and other payments with respect to Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable tariffs and remitting these collections to the Trustee;
(x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Storm Recovery Property and the Storm Recovery Charges;
(xi) making all filings with the Commission LPSC 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 Storm Recovery Property; making all filings Property and taking such the other action as may be necessary to perfect and maintain the perfection and priority portions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Series Trust Estate under the Indenture;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s 's usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Storm Recovery Charge Adjustments and allocation of the charges among various classes of customers as is set forth herein; and performing such ;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order 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, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Storm Recovery Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC)
Duties of Servicer Generally. (i) The Servicer’s duties Servicer shall manage, service, administer and make collections in general shall include: management, servicing and administration respect of the Storm Recovery Property; . The Servicer’s duties will include:
(i) calculating consumption, and billing the Storm Recovery Charges, collecting the ;
(ii) obtaining meter reads;
(iii) accounting for collected 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; late-payment penalties;
(iv) investigating and handling resolving delinquencies (and furnishing 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 CommissionTrustee, the Indenture Trustee LPSC and the Rating Agencies; ;
(vii) monitoring customer payments of 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 Storm Recovery Charges and payments with respect to Storm Recovery Property from all persons or entities responsible for remitting Storm Recovery Charges and other payments with respect to Storm Recovery Property to the Servicer under the Financing Order, the Securitization Act, LPSC Regulations or applicable tariffs and remitting these collections to the Trustee;
(x) responding to inquiries by Customers, the LPSC or any other Governmental Authority with respect to the Storm Recovery Property and the Storm Recovery Charges;
(xi) making all filings with the Commission 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 on the Storm Recovery Property; making all filings Property and taking such the other action as may be necessary to perfect and maintain the perfection and priority portions of the Indenture Trustee’s Lien on all Storm Recovery Collateral; selling Series Trust Estate under the Indenture;
(xii) selling, as the agent for the Issuer, as its interests interest may appear, defaulted or written written-off accounts in accordance with the Servicer’s usual and customary practices; ;
(xiii) taking all necessary action in connection with True-Up Storm Recovery Charge Adjustments and allocation of the charges among various classes of customers as is set forth herein; and performing such ;
(xiv) any other duties as may be 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 Servicing Agreement shall be qualified in their entirety by any Commission Regulationsby, and the Servicer shall at all times comply with, the Financing Order 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, Regulation AB, as in effect at the time such duties are to be performed. Without limiting the generality of this Section 3.01(a)(i3.01(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, consumption usage and bill ▇▇▇▇ calculation, billing, customer service functions, collections, posting, payment processing and remittance set forth in Exhibit A. Any processing the Issuer Annex 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 depositing of collections, making of periodic remittances and furnishing of periodic reports set forth in this Section 3.01(a)(i) shall be subject to the provisions of the Intercreditor Agreementskilowatt demand.
Appears in 1 contract
Sources: Storm Recovery Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC)