EWG Status. Nothing in this Agreement shall require Generator to take any action that could result in its inability to obtain, or its loss of, status as an Exempt Wholesale Generator within the meaning of the Public Utility Holding Company Act of 1935, as amended.
EWG Status. The Lessee shall maintain its status as an EWG (as defined in PUHCA).
EWG Status. The Issuer will take, or cause to be taken, all action required to maintain the Guarantors' status as "exempt wholesale generators" under Section 32(a)
EWG Status. Xxxxx City is an "exempt wholesale generator" under PUHCA. The Facility is interconnected with the high voltage network and has access to transmission services and ancillary services to sell wholesale electric power. Xxxxx City has the authority to sell wholesale electric power at market-based rates.
EWG Status. On or before the Closing Date, SEMA will be an "exempt wholesale generator" under PUHCA, will be interconnected with the high voltage network and will have access to transmission services and ancillary services to sell wholesale electric power, and will have the authority to sell wholesale electric power at market-based rates.
EWG Status. The Borrower will take, or cause to be taken, all action required to maintain its and each Guarantor's status as an "exempt wholesale generator" under Section 32(a) of PUHCA.
EWG Status. Altura or Altura LP shall have made such filing or certification as shall be necessary for the Facility to be an “eligible facility” owned and operated by an “exempt wholesale generator” within the meaning of the Public Utility Holding Company Act of 2005, as amended, and the regulations promulgated thereunder.
EWG Status. The Borrower will take, or cause to be taken, all action required to maintain its and its Subsidiaries (other than Power Marketing), status as an "exempt wholesale generator" under Section 32(a)
EWG Status. The Company shall maintain its status as an EWG, unless failure to do so could not reasonably be expected to result in a Material Adverse Effect in which case the Company shall have notified the Agent to such effect.
EWG Status. The Borrower shall be an EWG and the Project shall be an Eligible Facility. The Borrower shall have obtained and delivered to the Arrangers all required orders from FERC to such effect that the Borrower is authorized under the FPA to sell electricity pursuant to the rates, terms and conditions set forth in the Power Purchase Agreements.
