Common use of Creation of Securitized Utility Tariff Property Clause in Contracts

Creation of Securitized Utility Tariff Property. Upon the filing of the Issuance Advice Letter with respect to the Securitized Utility Tariff Property pursuant to the Financing Order: (i) the related rights and interests of the Seller under the Financing Order, including the right to impose, bill, charge, collect and receive the Securitized Utility Tariff Charges established pursuant to the Financing Order, will become Securitized Utility Tariff Property, (ii) the Securitized Utility Tariff Property will constitute a current property right, (iii) the Securitized Utility Tariff Property will include the right, title and interest of the Seller to the Tariff imposing the Securitized Utility Tariff Charges, and the right to obtain periodic true-up adjustments of the Securitized Utility Tariff Charges, (iv) the owner of the Securitized Utility Tariff Property will be legally entitled to bill Securitized Utility Tariff Charges and collect payments in respect of the Securitized Utility Tariff Charges in the aggregate amount sufficient to pay or fund, in accordance with the Indenture, the principal of the Securitized Utility Tariff Bonds, all interest thereon, and all other Ongoing Financing Costs, and (v) the Securitized Utility Tariff Property will not be subject to any Lien, except for the lien arising under Section 393.1700.5.(2)(b) of the Securitization Law, the Financing Order and the Issuance Advice Letter.

Appears in 3 contracts

Samples: Securitized Utility Tariff Property Purchase and Sale Agreement (Empire District Bondco, LLC), Securitized Utility Tariff Property Purchase and Sale Agreement (Empire District Bondco, LLC), Securitized Utility Tariff Property Purchase and Sale Agreement (Empire District Bondco, LLC)

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Creation of Securitized Utility Tariff Property. Upon the filing of the Issuance Advice Letter with respect to the Securitized Utility Tariff Property pursuant to the Financing Order: (i) the related rights and interests of the Seller under the Financing Order, including the right to impose, bill, charge, collect and receive the Securitized Utility Tariff Charges established pursuant to the Financing Order, will become Securitized Utility Tariff Property, (ii) the Securitized Utility Tariff Property will constitute a current an existing present intangible property rightright vested in the Holders, (iii) the Securitized Utility Tariff Property will include the right, title and interest of the Seller to the Tariff imposing the Securitized Utility Tariff Charges, and the right to obtain periodic true-up adjustments of the Securitized Utility Tariff ChargesCharges and all revenues, collections, claims, rights to payments, payments, money or proceeds of or arising from the rights and interests specified in the Financing Order, (iv) the owner of the Securitized Utility Tariff Property will be legally entitled to bill Securitized Utility Tariff Charges and collect payments in respect of the Securitized Utility Tariff Charges in the aggregate amount sufficient to pay or fund, in accordance with the Indenture, the principal of the Securitized Utility Tariff Bonds to pay the fees and expenses of servicing the Securitized Utility Tariff Bonds, all interest thereon, and all other Ongoing Financing Coststo replenish the Capital Subaccount to the required capital level until the Securitized Utility Tariff Bonds are paid in full, and (v) the Securitized Utility Tariff Property will not be subject to any Lien, except for the lien arising under Section 393.1700.5.(2)(b) of the Securitization Law, the Financing Order and the Issuance Advice Letter.

Appears in 3 contracts

Samples: Utility Tariff Property Purchase and Sale Agreement (Evergy Missouri West Storm Funding I, LLC), Utility Tariff Property Purchase and Sale Agreement (Evergy Missouri West Storm Funding I, LLC), Utility Tariff Property Purchase and Sale Agreement (Evergy Missouri West Storm Funding I, LLC)

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