Common use of 1935 Act Clause in Contracts

1935 Act. Except as set forth in Section 7.11 of the WPL Disclosure Schedule, the IES Disclosure Schedule or the Interstate Disclosure Schedule, no party shall, nor shall any party permit any of its Subsidiaries to, except as required or contemplated by this Agreement, engage in any activities which would cause a change in its status, or that of its Subsidiaries, under the 1935 Act, or that would impair the ability of WPL to claim an exemption pursuant to its order under Section 3(a)(1) of the 1935 Act or that would impair the ability of IES to claim an exemption pursuant to its order under Section 3(a)(1) of the 1935 Act prior to the Effective Time, other than (i) the application to the SEC under the 1935 Act contemplated by this Agreement for approval to the extent required of the transactions contemplated hereby and (ii) the registration of the Company pursuant to the 1935 Act.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Wisconsin Power & Light Co), Agreement and Plan of Merger (WPL Holdings Inc), Agreement and Plan of Merger (Interstate Power Co)

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