Terms Used In Louisiana Revised Statutes 45:1332

  • Affiliate: means , when used with reference to a specified person, an entity that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the entity specified. See Louisiana Revised Statutes 45:1332
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Contributed proceeds: means the monies contributed by the corporation to a trust. See Louisiana Revised Statutes 45:1332
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means the Louisiana Utilities Restoration Corporation. See Louisiana Revised Statutes 45:1312
  • Financing order: means an order of the commission, if granted by the commission in its sole discretion, which allows for all of the following:

                (a) The assessment, imposition, and periodic adjustment of system restoration charges by the corporation and the collection thereof by a utility as an agent on behalf of the corporation. See Louisiana Revised Statutes 45:1312

  • Financing party: means any holder of system restoration bonds, any party to or beneficiary of an ancillary agreement, and any trustee, collateral agent, or other person acting for the benefit of any of the foregoing. See Louisiana Revised Statutes 45:1312
  • Issuer: means any Louisiana public corporation, public trust, or other entity that issues system restoration bonds approved by a financing order. See Louisiana Revised Statutes 45:1312
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Pledgee: means an issuer as pledgee of the corporation or an applicable financing party as pledgee of an issuer. See Louisiana Revised Statutes 45:1332
  • Preferred interests: means preferred equity interests in a utility affiliate that pay preferred dividends to the trust that purchased those preferred equity interests. See Louisiana Revised Statutes 45:1332
  • Purchase proceeds: means the proceeds received by a utility affiliate from the sale of its preferred interests to a trust. See Louisiana Revised Statutes 45:1332
  • Related utility: means , with respect to a trust, the utility that is a beneficiary of such trust and that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332
  • System restoration bonds: means bonds, notes, certificates of participation, or other evidences of indebtedness that are issued pursuant to this Part by an issuer at the request of the corporation and a utility, and authorized by a financing order, the net proceeds of which are transferred to the corporation and used as provided in this Part, and which are secured by and payable from system restoration property. See Louisiana Revised Statutes 45:1312
  • Trust: means an express special public trust created only pursuant to and in compliance with the provisions of this Subpart. See Louisiana Revised Statutes 45:1332
  • under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through the ownership of voting securities, by contract, or otherwise. See Louisiana Revised Statutes 45:1332
  • Utility: means an electric utility or a gas utility. See Louisiana Revised Statutes 45:1312
  • Utility affiliate: means an affiliate of the utility that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332

            For purposes of this Subpart, the terms defined in La. Rev. Stat. 45:1312 have the same meaning in this Subpart, except where a term is expressly modified in this Subpart, and as used in this Subpart:

            (1) “Affiliate” means, when used with reference to a specified person, an entity that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the entity specified. For the purpose of this term,”control”, “controlled by”, and “under common control with”, means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through the ownership of voting securities, by contract, or otherwise.

            (2) “Contributed proceeds” means the monies contributed by the corporation to a trust. In each instance, the contributed proceeds shall be the amount of the net proceeds received by the corporation from an issuance of system restoration bonds in accordance with the terms of a financing order.

            (3) “Pledgee” means an issuer as pledgee of the corporation or an applicable financing party as pledgee of an issuer.

            (4) “Preferred interests” means preferred equity interests in a utility affiliate that pay preferred dividends to the trust that purchased those preferred equity interests.

            (5) “Purchase proceeds” means the proceeds received by a utility affiliate from the sale of its preferred interests to a trust.

            (6) “Related bonds” means, with respect to a trust, the system restoration bonds that funded the net proceeds transferred by an issuer to the corporation and then contributed by the corporation to that trust.

            (7) “Related utility” means, with respect to a trust, the utility that is a beneficiary of such trust and that obtains a financing order pursuant to this Subpart. The related utility shall be an affiliate of the utility affiliate that sells its preferred interests to such trust for purchase proceeds.

            (8) “Trust” means an express special public trust created only pursuant to and in compliance with the provisions of this Subpart. A trust for purposes of this Subpart shall not be an issuer of system restoration bonds and shall not be created pursuant to the public trust law, La. Rev. Stat. 9:2341 et seq.

            (9) “Trust agreement” means, with respect to a trust, the written instrument that created the trust together with all proper amendments.

            (10) “Utility affiliate” means an affiliate of the utility that obtains a financing order pursuant to this Subpart.

            Acts 2021, No. 293, §3, eff. June 14, 2021.