Exemption from Regulation Sample Clauses
The Exemption from Regulation clause serves to specify that certain activities, transactions, or parties are not subject to specific regulatory requirements that would otherwise apply. In practice, this clause may identify particular laws or regulations from which the agreement or its participants are exempt, such as securities regulations or licensing requirements, and may outline the conditions under which the exemption is valid. Its core function is to clarify the legal boundaries of the agreement, reducing compliance burdens and mitigating the risk of inadvertent regulatory violations.
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Exemption from Regulation. None of Agent, nor any Lender nor any of its “affiliates” (as defined in PUHCA), solely by virtue of the execution, delivery and performance of or the consummation of the transactions contemplated by this Agreement, shall be or become subject to or not exempt from regulation under PUHCA, PURPA, the Federal Power Act, the Natural Gas Act or any applicable law with respect to the regulation of “public service corporations,” “public utilities”, “natural gas companies” or other similar terms; provided that, any exercise of remedies under this Agreement that results in the direct or indirect ownership or control of a project by Agent, any Lender or any of its “affiliates” (as defined in PUHCA) may subject the Agent, any Lender and any of its “affiliates” (as defined in PUHCA) to regulation under PUHCA, the Federal Power Act, the Natural Gas Act or other applicable laws with respect to the regulation of “public service corporations,” “public utilities”, “natural gas companies” or other similar terms.
Exemption from Regulation. The Seller is exempt from regulation as a “public utility”, as defined in the UCA, with respect to the Seller’s Plant, the transmission of Energy over the Third Party System to the POI, the sale of Energy and Environmental Attributes, and the performance by the Seller of its obligations under this EPA;
Exemption from Regulation. Take or cause to be taken all necessary or appropriate actions so that (a) each Project will be a QF and (b) each Loan Party (other than Ormat Technologies) and each Project shall not be subject to, or shall be exempt from, financial or organizational regulation as a "public utility company" or "public utility holding company" under PUHCA, the FPA or financial, organizational or rate regulation as a public utility under the laws of the State of California.
Exemption from Regulation. Borrowers shall take or cause to be taken all necessary or appropriate actions so that (a) (i) SWMP will be an Exempt Wholesale Generator and (ii) the Project will be an Eligible Facility at all times hereunder or (b) SWMP and the Project shall not be subject to, or shall be exempt from, financial or organizational regulation as a "public utility company" or "public utility holding company" under PUHCA or financial, organizational or rate regulation as a public utility under the laws of the Project Jurisdiction and the state of SWMP's formation as presently constituted and as construed by the courts of the Project Jurisdiction and the state of SWMP's formation, and (c) SWMP will be authorized to sell at wholesale electricity at market-based rates. Borrowers shall obtain FERC orders as to the matters set forth in clauses (a) and (c) above by the earlier of (A) such time as SWMP generates electricity and (B) October 1, 2007.
Exemption from Regulation. Each applicable Project Company shall take or cause to be taken all necessary or appropriate actions so that (a) (i) MEC will be an Exempt Wholesale Generator and (ii) the Mankato Project will be an Eligible Facility at all times hereunder, (b) the Freeport Project will be a Qualifying Facility at all times hereunder, (c) except to the extent provided in the first sentence of Section 4.17, each Project shall not be subject to, or shall be exempt from, financial or organizational regulation as a "public utility company" or "public utility holding company" under PUHCA or financial, organizational or rate regulation as a public utility under the laws of the State of Minnesota in the case of MEC or Texas in the case of FEC, as presently constituted and as construed by the courts of Minnesota and Texas, respectively, (d) MEC will be authorized to sell electricity at market-based rates, with all waivers of regulations and blanket authorizations as are customarily granted by FERC to entities with market-based rate authority, and (e) FEC shall not be subject to regulation as a "public utility" under the FPA.
Exemption from Regulation. Take or cause to be taken all necessary or appropriate actions so that (a)
(i) Borrower will be an EWG and (ii) the Project will be an Eligible Facility at all times hereunder or (b) Borrower and the Project shall not be subject to, or shall be exempt from, financial or organizational regulation as a "public utility company" or "public utility holding company" under PUHCA or financial, organizational or rate regulation as a public utility under the laws of the State of Colorado as presently constituted and as construed by the courts of Colorado, and (c) Borrower will be authorized to sell electricity at market-based rates, with all waivers of regulations and blanket authorizations as are customarily granted by the FERC to entities with market-based rate authority.
Exemption from Regulation. Take or cause to be taken all necessary or appropriate actions so that (a)
(i) Borrower will be an EWG and (ii) the Project will be an Eligible Facility at all times hereunder or (b) Borrower and the Project shall not be subject to, or shall be exempt from, financial or organizational regulation as a "public utility company" or "public utility holding company" under PUHCA or financial, organizational or rate regulation as a public utility under the laws of the State of Wisconsin as presently constituted and as construed by the courts of Wisconsin, and (c) Borrower will be authorized to sell electricity at market-based rates, with all waivers of regulations and blanket authorizations as are customarily granted by the FERC to entities with market-based rate authority.
Exemption from Regulation. Agent, each Loan Participant, Owner ------------------------- Participant, Owner Trustee and any Affiliate of any thereof shall have obtained all appropriate regulatory or other governmental approvals, licenses or permits of any kind required for their participation in the transactions contemplated by the Operative Documents and the ▇▇▇▇▇▇ Agreements and Agent, each Loan Participant, Owner Participant, Owner Trustee and their respective Affiliates (other than HCG and ▇▇▇▇▇▇ Services) shall not be subject solely by reason of the transactions contemplated by the Operative Documents and the ▇▇▇▇▇▇ Agreements to regulation (i) under the Communications Act, except for direct or derivative obligations to furnish nonburdensome information routinely required of similarly situated Persons or obligations that Lessee has undertaken under any of the Operative Documents or ▇▇▇▇▇▇ Agreements or (ii) as an entity offering common carrier communications services or engaged in the use or operation of any apparatus for the transmission of energy, communications or signals by radio by any Federal, state or local regulatory office, commission or agency.
Exemption from Regulation. MSection 2.