Gráfica 1 Oxígeno Disuelto en Estaciones del Río Cauca
6.1 Redes y estaciones de monitoreo de Calidad de Agua.
Set forth below is a list of some of the defined terms used in this prospectus which, except as otherwise noted in a prospectus supplement, are also used in the prospectus supplement:
Basic documents means, with respect to the transition bonds, the administration agreement, sale agreement, servicing agreement, indenture and any
supplements thereto or bills of sale given by the seller and the notes evidencing the transition bonds.
Bankruptcy Code means Title 11 of the United States Code, as amended.
Business day means any day other than a Saturday, a Sunday or a day on which banking institutions in Dallas, Texas or New York, New York are, or DTC
is, authorized or obligated by law, regulation or executive order to remain closed.
Capital subaccount means that subaccount of the collection account into which the seller will contribute capital in an amount equal to the required capital
level.
Clearstream means Clearstream Banking, société anonyme. Customer means retail customer or retail electric customer.
Collateral means all of the assets of the issuing entity pledged to the trustee for the benefit of the holders of the transition bonds, which includes the
transition property, all rights of the issuing entity under the sale agreement, the servicing agreement and the other documents entered into in connection with the transition bonds, all rights to the collection account and the subaccounts of the collection account (other than cash released to us from earnings on amounts in the capital account), and all other property of the issuing entity relating to the transition bonds, including all proceeds in respect of the foregoing.
Collection account means the segregated trust account designated the collection account and held by the trustee under the indenture. DTC means The Depository Trust Company, New York, New York, and its nominee holder, Cede & Co.
Eligible institution means (1) the corporate trust department of the trustee or a subsidiary thereof, so long as the trustee or a subsidiary thereof have a
credit rating from each rating agency in one of its generic rating categories which signifies investment grade or (2) a depository institution organized under the laws of the United States of America or any State (or any domestic branch of a foreign bank), which (i) has either (A) a short-term issuer rating of "AAA" by S&P and "A2" by Moody's, and, if rated by Fitch, "AAA" by Fitch or (B) a long-term issuer rating of "A-1 +" by S&P and "P-1" by Moody's or any other long-term or short-term rating acceptable to the rating agencies and (ii) whose deposits are insured by the Federal Deposit Insurance Corporation.
Entergy Texas means Entergy Texas, Inc.
Entergy Texas Funding means Entergy Texas Restoration Funding, LLC. Entergy means Entergy Corporation.
ERISA means the Employee Retirement Income Security Act of 1974, as amended. Euroclear means Euroclear Bank SA/NV.
Excess funds subaccount means that subaccount of the collection account into which funds collected by the servicer in excess of amounts necessary to
make the payments specified on a given payment date.
Exchange Act means the Securities Exchange Act of 1934, as amended. FERC means the Federal Energy Regulatory Commission.
Financing Act means Subchapter I of Chapter 36 of PURA, adopted and effective in April 2009, which enacted Subchapter I of Chapter 36, that allows for
the securitization of system restoration costs, together with Subchapter G of Chapter 39 of PURA.
Financing order , as used in this prospectus, means an irrevocable order issued by the Texas commission to Entergy Texas which, among other things,
governs the amount of transition bonds that may be issued and terms for collections of related transition charges. As used in a prospectus supplement, the term may be used to refer to a financing order relating to specific transition bonds, including the order issued on September 11, 2009.
Fitch means Fitch, Inc.
General subaccount means that subaccount of the collection account that will hold funds held in the collection account that are not held in the other
subaccounts of the collection account.
Indenture means the indenture to be entered into between the issuing entity and the trustee, providing for the issuance of transition bonds, as the same may
be amended and supplemented from time to time.
Internal Revenue Code means the Internal Revenue Code of 1986, as amended. IRS means the Internal Revenue Service of the United States.
Issuing Entity means Entergy Texas Restoration Funding, LLC. kWh means kilowatt-hour.
Moody's means Moody's Investors Service, Inc. MWh means megawatt-hour.
No material adverse tax change opinion means, with respect to any action, an opinion of independent tax counsel that, as a result of such action (i) we will
not be subject to United States federal income tax as an entity separate from our sole owner and that the transition bonds will be treated as debt of our sole owner for United States federal tax purposes and (ii) for United States federal income tax purposes, the issuance of the transition bonds will not result in gross income to the seller.
Nonbypassable refers to the right of the servicer to collect the transition charges from all existing and future retail customers located within Entergy
Texas' service territory, even if those customers elect to purchase electricity from another supplier or if the utility goes out of business and its service territory is acquired by another utility or is municipalized or, with certain exceptions, if the customer chooses to operate new on-site generation. The financing order allows retail customers with on-site power generation facilities with rated capacities of 10 megawatts or less to avoid paying system restoration costs except to the extent Entergy Texas' distribution lines are used to provide such energy.
Non-U.S. Holder means a beneficial owner of a transition bond that is not a U.S. Holder but does not include (i) an entity or arrangement treated as a
partnership for U.S. federal income tax purposes, (ii) a former citizen of the United States or (iii) a former resident of the United States.
NRC means the Nuclear Regulatory Commission.
Payment date means the date or dates on which interest and principal are to be payable on the transition bonds.
POLR means a provider of last resort, which is a retail electric provider required to offer a standard retail services package for each class of retail
customers it serves at a fixed rate agreed to by the Texas commission.
Prior transition bonds means the $329,500,000 Senior Secured Transition Bonds, Series A, issued by Entergy Gulf States Reconstruction Funding I, LLC,
on June 29, 2007.
PTCE means a prohibited transaction class exemption of the United States Department of Labor.
Qualified costs means the costs of an electric utility recoverable through the issuance of transition bonds, including 100% of its system restoration costs,
the costs of issuing, supporting, and servicing the transition bonds, any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of the transition bonds, and the costs of the Texas commission of acquiring professional services for the purpose of evaluating the financing order and related matters in connection with the issuance of transition bonds.
Rating agencies means Moody's, S&P and Fitch.
Rating agency condition means, with respect to any action, the notification in writing to each rating agency of such action and the confirmation by S&P to
the servicer, the trustee and the issuing entity that such action will not result in a reduction or withdrawal of the then rating by such rating agency of any outstanding tranche of transition bonds.
Record date means the date or dates with respect to each payment date on which it is determined the person in whose name each transition bond is
registered will be paid on the respective payment date.
Required capital level means the amount required to be funded in the capital subaccount for the transition bonds, which will equal 0.50% of the principal
amount of transition bonds issued by us.
Restructuring Act means the Texas legislation adopted in June 1999 that substantially amended the regulatory scheme governing electric utilities in order
to allow for retail competition in some areas beginning on January 1, 2002.
Retail customer or retail electric customer means a retail customer within Entergy Texas' service territory. If retail competition is ever introduced into
Entergy Texas' service territory, such terms mean a retail end user of electricity and related services provided by a retail electric provider via the transmission and distribution system of a utility such as Entergy Texas within Entergy Texas' service territory.
Retail electric providers or REPs means any entities certified under state law that provide electricity and related services to retail electric customers within
areas of Texas subject to retail competition.
S&P means Standard and Poor's Ratings Services, a Division of The McGraw-Hill Companies.
Sale agreement means the sale agreement to be entered into between the issuing entity and Entergy Texas, pursuant to which Entergy Texas sells and the
issuing entity buys transition property.
SEC means the U.S. Securities and Exchange Commission.
Series supplement means a supplement to the indenture which establishes the terms of the transition bonds.
Service territory means, with regard to Entergy Texas, the certificated service area of Entergy Texas as it existed on September 11, 2009, within which
Entergy Texas may recover qualified costs through nonbypassable transition charges assessed on retail electric customers within that area.
Servicer means Entergy Texas, acting as the servicer, and any successor or assignee servicer, which will service the transition property under the servicing
agreement with the issuing entity.
Servicing agreement means the servicing agreement to be entered into between the issuing entity and the servicer, as the same may be amended and
supplemented from time to time, pursuant to which the servicer undertakes to service transition property.
SERC means the Southeastern Electric Reliability Council. Texas commission means the Public Utility Commission of Texas.
Transition charges means statutorily-created, nonbypassable, consumption-based per kilowatt hour, per kilowatt or per kilovolt-Amperes charges.
that is delivered through the distribution system or produced in certain new on-site generation. There is no "cap" on the level of transition charges that may be imposed on future retail electric customers as a result of the true-up mechanism. Through the true-up mechanism, all retail electric customers cross share in the liabilities of all other retail electric customers for the payment of transition charges.
Transition property means, with regard to Entergy Texas or the issuing entity, all of Entergy Texas' right, title, and interest in and to certain property
established pursuant to a financing order which is then transferred to the issuing entity, including the irrevocable right to impose, collect and receive transition charges payable by existing and future retail customers in Entergy Texas' certificated service area as it existed on September 11, 2009 in an amount sufficient to recover the qualified costs established in the related financing order.
Treasury Regulations means proposed or issued regulations promulgated from time to time under the Internal Revenue Code.
True-up means the PUCT guaranteed mechanism required by the financing order whereby the servicer will apply to the Texas commission for annual and
interim adjustments to the applicable transition charges based on actual collected transition charges and updated assumptions by the servicer as to future collections of transition charges. The Texas commission will approve properly filed adjustments. Adjustments will immediately be reflected in the customers' next billing cycle. Any corrections for mathematical errors will be reflected in the next true-up.
Trust Indenture Act means the Trust Indenture Act of 1939, as amended.
UCC means, unless the context otherwise requires, the Uniform Commercial Code, as in effect in the relevant jurisdiction, as amended from time to time. U.S. Holder means a beneficial owner of a transition bond that, for U.S. federal income tax purposes, is (i) a citizen or individual resident of the United
States, (ii) a corporation (including any entity treated as a corporation for U.S. federal income tax purposes) created or organized in or under the laws of the United States, any state thereof or the District of Columbia, (iii) an estate the income of which is includible in gross income for U.S. federal income tax purposes regardless of its source, or (iv) a trust if (A) a court in the United States is able to exercise primary supervision over administration and one or more U.S. persons have the authority to control all substantial decisions of the trust or (B) the trust has a valid election in place to be treated as a U.S. person under applicable Treasury Regulations.