FERC Compliance Sample Clauses

FERC Compliance. Except as disclosed on Schedule 6.28, the Parent, the Borrowers and each of their Subsidiaries, is in compliance in all material respects with the terms and conditions of all orders issued by FERC applicable to Parent, the Borrowers and their Subsidiaries.

FERC Compliance. The Companies are, and since January 1, 2009 have been, in compliance (i) with the applicable provisions of the Interstate Commerce Act and (ii) with all applicable rules, regulations, orders, certificates and tariffs of the FERC and any state public utility commission having jurisdiction over any of the Companies’ businesses, operations or assets. Each Company has duly filed all material tariffs, forms and reports required to be filed by or with respect to such Company with the FERC and any state public utility commission having jurisdiction over any of the Companies’ businesses, operations or assets and such material forms and reports have been prepared in accordance with applicable Laws, except as would not, individually or in the aggregate, have a Material Adverse Effect. As of the date hereof, to the Knowledge of Contributor, there are no investigations or audits by the FERC or any state utility commission related to the Companies’ businesses, operations, assets, rates, tariffs or services that are (i) pending, (ii) threatened in writing prior to the Original Purchase Closing Date or (iii) threatened on or after the Original Purchase Closing Date.

FERC Compliance. Except as disclosed on Schedule 6.31, the Borrower and each of its Subsidiaries, is in compliance in all material respects with the terms and conditions of all orders issued by FERC applicable to Borrower and its Subsidiaries.

FERC Compliance. (a) On February 23, 2001 in Docket Nos. CP00-61, CP00-62 and ▇▇▇▇-▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Oil and Gas Company LLC, 94 FERC ¶61,194 (2001), CNYOG was granted a certificate of public convenience and necessity authorizing it to construct and operate the Phase I Facilities, which are subject to FERC’s jurisdiction. In the same certificate order, CNYOG was authorized to charge market based rates, subject to certain conditions specified therein. (b) Marketing has authority to charge market based rates pursuant to FERC’s Blanket Sales Certificate regulations and orders and has complied with the conditions imposed by such regulations and orders. Regulations Governing Blanket Marketer Sales Certificates, Order ▇▇. ▇▇▇, ▇▇ ▇▇ ▇▇▇▇▇ (Nov. 30, 1992), FERC Stats. & Regs., [Regs. Pmbls.], 1991-1996 ¶ 30,957 (1992); order on reh’g and clarification, 62 FERC ¶ 61,239 (1993); Amendments to Blanket Sales Certificates, Order No. 644, 68 Fed. Reg. 66,323 (Nov. 26, 2003), III FERC Stats. & Regs. [Regs. Pmbls.] ¶ 31,153 (2003) (codified at 18 C.F.R. §§ 284.401-403). (c) Except as set forth in Schedule 5.26(c), the Companies have met all applicable regulatory and certificate conditions (including the filing of all quarterly and annual reports) and have complied with and made all necessary reportings and filings: (i) to construct and operate a natural gas storage facility subject to FERC jurisdiction; and (ii) to maintain market-based rate authority. To Stagecoach I’s or Stagecoach Energy’s Knowledge, there are no outstanding Actions pending, nor have there been any Actions during the last three years, that (i) challenged CNYOG’s certificate of authority to construct or operate the Phase I Facilities, (ii) challenged CNYOG’s tariff, rates or terms and conditions of service or Marketing’s contracts, (iii) challenged the Companies’ market based rate authority or sought to impose conditions or restrictions on the Companies’ market-based rate authority or (iv) otherwise alleged any violation or violations of any regulations related to the reporting, ownership or operation of CNYOG’s facilities. No submissions, filings or notifications with FERC are required by the Sellers, the Companies or the Purchasers as a result of the execution of this Agreement or the consummation of the transactions contemplated by this Agreement. (d) Except as set forth in Schedule 5.26(d), neither Company has any outstanding obligations owed to customers or other Persons relating to any refund (rate, insurance ...

FERC Compliance. Comply and cause each Project Company to comply in all material respects with the FERC Orders and each applicable requirement imposed by FERC on parties with market-based rate authority and any requirements relating to each Project Company’s status as an EWG.

FERC Compliance. In performing the Services under this Agreement, the Operator shall use all commercially reasonable efforts necessary to cause the Company to comply with the Company’s obligations under Section 5.17 of the Company LLC Agreement.

FERC Compliance. (a) The Company has certificates issued by the FERC under Section 7(c) of the Natural Gas Act and 18 C.F.R. Parts 157 and 284 to operate the Storage Facility in interstate commerce, to provide both individually certificated and open-access storage services in interstate commerce to the full working storage capacity of the Storage Facility, to make unbundled sales of gas out of storage at market-based rates in accordance with 18 C.F.R. Part 284, Subpart J, and to construct, acquire and abandon facilities subject to the FERC’s jurisdiction in accordance with the requirements of 18 C.F.R. Part 157, Subpart F. (b) Except as would not reasonably be expected to have a Material Adverse Effect on the Company, the Company has met all applicable regulatory and certificate conditions (including the filing of all annual and other periodic reports) and has complied with and made all necessary reporting and filings: (1) to construct and operate a natural gas storage facility subject to FERC jurisdiction; and (2) to maintain its certificates to offer storage services under 18 C.F.R. Part 157 and 18 C.F.R. Part 284, Subpart G. There are no Actions pending, nor to the Knowledge of the Seller have there been any Actions during the last three years, that (A) challenged the Company’s certificate of authority to construct or operate the Storage Facility, (B) challenged the Company’s tariff or rates, (C) challenged the Company’s authority under 18 C.F.R. Part 284, Subpart J to make unbundled sales of gas out of storage at market based rates or sought to impose conditions or restrictions on such market-based rate authority for unbundled sales of gas out of storage, or (D) otherwise alleged any violation or violations of any regulations related to the reporting, ownership or operation of the Storage Facility, except for such violations as would not reasonably be expected to have a Material Adverse Effect on the Company.

FERC Compliance. This entire agreement is effective immediately but District funding and/or implementation of measures herein shall be contingent upon FERC approval and the issuance of a new license to the District for the operation of the ▇▇▇▇▇ Hydroelectric Project. The City shall support the application for a new license, refrain from seeking additional measures associated with the relicensing of the ▇▇▇▇▇ Project, and ensure that all documents filed with FERC or any other agency or forum are consistent with this agreement. This agreement shall be effective throughout the term of a new license and the City shall not remove any of the park facilities or shutdown the park during that period. In the event the FERC does not approve or issue such a license, this entire agreement shall be null and void and the District shall be excused from performance hereunder.

FERC Compliance. This entire Agreement is effective immediately but District funding and/or implementation of measures herein shall be contingent upon FERC approval and the issuance of a Second License to the District for the operation of the ▇▇▇▇▇ Hydroelectric Project. The City shall support the District’s application for a new 50-year license, refrain from seeking additional measures associated with the relicensing of the ▇▇▇▇▇ Project, and ensure that all documents filed with FERC or any other agency or forum are consistent with this Agreement. Nothing in this agreement shall prohibit the City from advocating for new or additional measures during the term of the Second License. This Agreement shall be effective throughout the term of a Second License and the City shall not remove any of the park facilities or shut down the parks during that period. In the event the FERC does not approve or issue such a license, this entire Agreement shall be null and void and the District shall be excused from performance hereunder.