Common use of Financing Order; Other Approvals Clause in Contracts

Financing Order; Other Approvals. On the Closing Date, under the laws of the State of Michigan and the United States in effect on the Closing Date: (i) the Financing Order pursuant to which the rights and interests of the Seller, including the right to impose, collect and receive the Securitization Charges and the interest in and to the Securitization Property transferred on such date have been created, is Final and in full force and effect; (ii) as of the issuance of the Securitization Bonds, the Securitization Bonds are entitled to the protection provided by the Statute and, accordingly, the Financing Order and the Securitization Charges are not revocable by the Commission; (iii) as of the Closing Date, revisions to the Seller’s electric tariff to implement the Securitization Charges have been filed and are in full force and effect, and such revisions are consistent with the Financing Order and have been implemented consistent with the Financing Order; (iv) the process by which the Financing Order creating the Securitization Property was adopted and approved complies with all applicable laws, rules and regulations; (v) the Financing Order is not subject to appeal and is legally enforceable, and the process by which it was issued complied with all applicable laws, rules and regulations; and (vi) no other approval, authorization, consent, order or other action of, or filing with, any Governmental Authority is required in connection with the creation of the Securitization Property transferred on such date, except those that have been obtained or made.

Appears in 3 contracts

Sources: Securitization Property Purchase and Sale Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Purchase and Sale Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Purchase and Sale Agreement (DTE Electric Securitization Funding II LLC)

Financing Order; Other Approvals. On the Closing Date, under the laws of the State of Michigan and the United States in effect on the Closing Date: (i) the Financing Order pursuant to which the rights and interests of the Seller, including the right to impose, collect and receive the Securitization Charges and the interest in and to the Securitization Property transferred on such date have been created, is Final and is in full force and effect; (ii) as of the issuance of the Securitization Bonds, the Securitization Bonds are entitled to the protection protections provided by the Statute and, accordingly, the Financing Order and the Securitization Charges are not revocable by the Commission; (iii) as of the Closing Date, revisions to the Seller’s electric tariff to implement the Securitization Charges have been filed and are is in full force and effect, and such revisions are consistent with the terms of the Financing Order Order, and have been any electric tariff implemented consistent with the Financing OrderOrder is not subject to modification by the Commission except for True-Up Adjustments made in accordance with the Statute; (iv) the process by which the Financing Order creating the Securitization Property was adopted and approved complies with all applicable laws, rules and regulations; (v) the Financing Order is not subject to appeal and is legally enforceable, and the process by which it was issued complied with all applicable laws, rules and regulations; and (vi) no other approval, authorization, consent, order or other action of, or filing with, any Governmental Authority is required in connection with the creation of the Securitization Property transferred on such date, except those that have been obtained or made.

Appears in 3 contracts

Sources: Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC), Securitization Property Purchase and Sale Agreement (Consumers 2023 Securitization Funding LLC)

Financing Order; Other Approvals. On the Closing Date, under the laws of the State of Michigan and the United States in effect on the Closing Date: (i) the Financing Order pursuant to which the rights and interests of the Seller, including the right of Consumers Energy and any Successor to impose, collect and receive the Securitization Charges and the interest in and to the Securitization Property transferred on such date have been created, is Final and is in full force and effect; (ii) as of the issuance of the Securitization Bonds, the Securitization Bonds are entitled to the protection provided by of the Statute Securitization Law and, accordingly, the Financing Order and the Securitization Charges are not revocable by the Commission; (iii) as of the Closing Date, revisions to the Seller’s electric tariff to implement issuance of the Securitization Charges have Bonds, the Securitization Rate Schedule has been filed and are is in full force and effect, and such revisions are consistent with the Financing Order and have been implemented Securitization Rate Schedule is consistent with the Financing Order, and any electric tariff implemented consistent with a financing order issued by the Commission is not subject to modification by the Commission except for true-up adjustments made in accordance with the Securitization Law; (iv) the process by which the Financing Order creating the Securitization Property transferred on such date was adopted and approved complies with all applicable laws, rules and regulations; (v) the Financing Order is not subject to appeal and is legally enforceable, and the process by which it was issued complied with all applicable laws, rules and regulations; and (vi) no other approval, authorization, consent, order or other action of, or filing with, any Governmental Authority is required in connection with the creation of the Securitization Property transferred on such date, except those that have been obtained or made.

Appears in 3 contracts

Sources: Securitization Property Purchase and Sale Agreement (Consumers Energy Co), Securitization Property Purchase and Sale Agreement (Consumers Energy Co), Securitization Property Purchase and Sale Agreement (Consumers 2014 Securitization Funding LLC)

Financing Order; Other Approvals. On the Closing Date, under the laws of the State of Michigan and the United States in effect on the Closing Date: (i) the Financing Order pursuant to which the rights and interests of the Seller, including the right to impose, collect and receive the Securitization Charges and the interest in and to the Securitization Property transferred on such date have been created, is Final and in full force and effect; (ii) as of the issuance of the Securitization Bonds, the Securitization Bonds are entitled to the protection protections provided by the Statute and, accordingly, the Financing Order and the Securitization Charges are not revocable by the Commission; (iii) as of the Closing Date, revisions to the Seller’s electric tariff to implement the Securitization Charges have been filed and are is in full force and effect, and such revisions are consistent with under the terms of the Financing Order Order, and have been implemented consistent with a Financing Order issued by the Financing OrderCommission is not subject to modification by the Commission except for True-Up Adjustments made in accordance with the Statute; (iv) the process by which the Financing Order creating the Securitization Property was adopted and approved complies approved, and the Financing Order and the Securitization Rate Schedules themselves, comply with all applicable laws, rules and regulations; (v) the Financing Order is not subject to appeal and is legally enforceable, and the process by which it was issued complied with all applicable laws, rules and regulations; and (vi) no other approval, authorization, consent, order or other action of, or filing with, with any Governmental Authority is required in connection with the creation of the Securitization Property transferred on such date, except those that have been obtained or made.

Appears in 2 contracts

Sources: Securitization Property Purchase and Sale Agreement (DTE Electric Securitization Funding I LLC), Securitization Property Purchase and Sale Agreement (DTE Electric Securitization Funding I LLC)