Common use of Governmental Regulation Clause in Contracts

Governmental Regulation. Neither Borrower nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower nor any Subsidiary is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary General Partner nor any Qualified Borrower is subject to regulation under the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyby this Agreement.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. (a) Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to any federal or state statute or regulation under limiting its ability to incur Indebtedness for money borrowed as contemplated by this Agreement. (b) Neither the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated herebyamended.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act any state public utilities code or any other federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940. Neither the entering into or performance by the Borrower of this Agreement nor the issuance of the Notes violates any provision of such act or requires any consent, approval, or authorization of, or registration with, the Interstate Commerce Act, the Federal Power Act Securities and Exchange Commission or any statute or regulation, in each case, limiting its ability other Tribunal pursuant to incur indebtedness for money borrowed as contemplated herebyany provisions of such act.

Governmental Regulation. Neither Borrower nor any Subsidiary Guarantor is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which would reasonably be expected to limit its ability to incur indebtedness for money borrowed as contemplated herebythe Obligations or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Actas amended, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its ----------------------- Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940. Neither the entering into or performance by the Borrower of this Agreement nor the issuance of the Notes violates any provision of such act or requires any consent, approval, or authorization of, or registration with, the Interstate Commerce Act, the Federal Power Act Securities and Exchange Commission or any statute or regulation, in each case, limiting its ability other Tribunal pursuant to incur indebtedness for money borrowed as contemplated herebyany provisions of such act.

Governmental Regulation. Neither the Borrower nor any Subsidiary General Partner is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyby this Agreement.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Federal Power Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or to any federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebymoney.

Governmental Regulation. Neither such Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for borrowed money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower the Parent nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed or to obtain letters of credit as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or any other statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation or under any comparable or equivalent laws of any applicable Governmental Authority which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act any state public utilities code or any other federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness.

Governmental Regulation. Neither Borrower nor any ----------------------- Subsidiary of Borrower is subject to regulation under the Interstate Commerce Act, the Investment Company Act of 1940, the Interstate Commerce ActPublic Utility Holding Company Act of 1935, the Federal Power Act or any statute or regulation, in each case, limiting other Requirements of Law such that its ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyby this Credit Agreement and the other Loan Documents or any document executed in connection therewith is impaired.

Governmental Regulation. Neither such Borrower nor any Subsidiary of its respective Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any other federal or state statute or regulation, in each case, limiting regulation such that its ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyhereby is materially impaired.

Governmental Regulation. Neither Borrower of the Borrowers nor any Subsidiary General Partner is subject to regulation under the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyby this Agreement.

Governmental Regulation. Neither Borrower the Company nor any Subsidiary its Subsidiaries ----------------------- is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or subject to any statute or regulation, in each case, limiting its ability to incur regulation which regulates the incurring of indebtedness by the Company for money borrowed as contemplated herebymoney.

Governmental Regulation. Neither Borrower nor any Subsidiary is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any other federal or state statute or regulation, in each case, limiting its regulation such that Borrower's ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyby the Loan Documents is materially impaired.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Public Utility Holding Borrower Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Act or the Investment Borrower Act of 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act any state public utilities code or any other federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebyindebtedness.

Governmental Regulation. Neither Borrower nor any Subsidiary of Borrower is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or to any statute other Law limiting or regulation, in each case, limiting regulating its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither the Borrower nor any Consolidated Subsidiary is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Interstate Commerce Act, the Investment Company Act of 1940, the Interstate Commerce ActPublic Utility Holding Company Act of 1935, the Federal Power Act or any statute or regulation, in each case, limiting other Requirements of Law such that its ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyby this Credit Agreement and the other Loan Documents or any document executed in connection therewith is impaired.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Investment Company Act of 1940, the Interstate Commerce Actas amended, the Federal Power Act or any other statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of ----------------------- its Subsidiaries is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Actas amended, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary Investment Entity is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, or the Federal Power Investment Company Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated herebyof 1940.

Governmental Regulation. Neither Borrower of the Borrowers, nor any Subsidiary of a Borrower, is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting other Requirement of Law which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyhereby or by the other Transaction Documents.

Governmental Regulation. Neither Borrower the Company nor any Subsidiary its Subsidiaries is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or subject to any statute or regulation, in each case, limiting its ability to incur regulation which regulates the incurring of indebtedness by the Company for money borrowed as contemplated herebymoney.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyDebt or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither Borrower Obligor nor any Subsidiary thereof is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither Borrower the Borrowers nor any Subsidiary of their Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.. Page 45 of 108 Pages

Governmental Regulation. Neither such Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed borrower as contemplated hereby.

Governmental Regulation. Neither Borrower the Borrower, nor any Subsidiary Parent is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other foreign, federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyhereby or by the Recoil Acquisition Agreements.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Credit Party Obligations unenforceable.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935 or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or to any federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyhereby or by any other Loan Document.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 1940, the Interstate Commerce Act1935, the Federal Power Act or the Interstate Commerce Act or to any statute Federal or regulation, in each case, state Laws limiting its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyBorrowed Money.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation or other Requirement of Law which limits its ability to incur indebtedness for money borrowed as indebted-ness or its ability to consummate the transactions contemplated herebyhereby or by the Loan Documents.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower the Borrowers nor any Subsidiary of their Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 19402005, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither Borrower nor any Subsidiary is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any statute other Law limiting or regulation, in each case, limiting regulating its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither Borrower nor any Subsidiary of ----------------------- its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or, to the best knowledge of the Borrower, any other law limiting or any statute or regulation, in each case, limiting regulating its ability to incur indebtedness for money borrowed as contemplated herebythe Obligations.

Governmental Regulation. Neither the Parent nor Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holdings Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any other statute or regulation, in each case, limiting regulation of any Governmental Authority such that its ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyhereby or by the other Transaction Documents is materially impaired.

Governmental Regulation. Neither Borrower the Borrowers nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 1940, the Interstate Commerce Act1935, the Federal Power Act or the Interstate Commerce Act or to any statute Federal or regulation, in each case, state Laws limiting its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyBorrowed Money.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 1940, the Interstate Commerce Act2005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated hereby.Indebtedness or which may otherwise render all or any portion of the Obligations

Governmental Regulation. Neither Borrower and its Subsidiaries nor any Subsidiary (after giving effect to the Merger) Parent and its Subsidiaries (other than Borrower and its Subsidiaries) is subject to regulation under the Federal Power Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or any statute other Applicable Law or regulation, in each case, limiting Governmental Authorization that restricts or limits its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or to perform or satisfy its Obligations.

Governmental Regulation. Neither Borrower any of the Borrowers nor any Subsidiary of any of the Borrowers is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or to any statute other Law limiting or regulation, in each case, limiting regulating its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither Borrower nor any Restricted Subsidiary is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is ----------------------- subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act any state public utilities code or any other federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Credit Party Obligations unenforceable.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Interstate Commerce Act, the Investment Company Act of 1940, the Interstate Commerce ActPublic Utility Holding Company Act of 1935, the Federal Power Act or any statute or regulation, in each case, limiting other Requirements of Law such that its ability to incur indebtedness for money borrowed as is limited or its ability to consummate the transactions contemplated herebyby this Credit Agreement and the other Operative Documents or any document executed in connection therewith is impaired.

Governmental Regulation. Neither of the Borrower nor any Subsidiary or the Company is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as contemplated herebyby this Agreement.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act (to the extent applicable to the transactions contemplated hereby) or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, regulation which in each case, limiting any case may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither Borrower nor any Subsidiary of their Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower Obligor nor any Subsidiary thereof is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.. 9.23 Labor

Governmental Regulation. Neither the Borrower nor any Subsidiary the Company is subject to regulation under the Investment Company Act of 1940Federal Power Act, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyby this Agreement.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or, to the best knowledge of the Borrower, any other law limiting or any statute or regulation, in each case, limiting regulating its ability to incur indebtedness for money borrowed as contemplated herebythe Obligations.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Public Utility Holding Borrower Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Act or the Investment Borrower Act of 1940 or to any Federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither Borrower None of the Borrowers nor any Subsidiary of their respective Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Interstate Commerce Act, the Investment Company Act of 1940, the Interstate Commerce ActPublic Utility Holding Company Act of 1935, the Federal Power Act or any statute or regulation, in each case, limiting its ability other Applicable Law except to incur indebtedness for money borrowed as contemplated herebythe extent that such regulation would not reasonably be expected to have a Material Adverse Effect.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation which may limit its ability to incur indebtedness for money borrowed Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither the Borrower nor any of its Subsidiaries is an “investment company” as contemplated herebysuch term is defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation that may limit its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed or to obtain letters of credit as contemplated hereby.

Governmental Regulation. Neither Borrower nor any Subsidiary of ----------------------- Borrower is subject to regulation under the Investment Public Utility Holding Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or to any statute other Law limiting or regulation, in each case, limiting regulating its ability to incur indebtedness Indebtedness for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither the Borrower nor any Subsidiary Qualified Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyby this Agreement.

Governmental Regulation. Neither Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act (to the extent it would limit its ability to incur Debt for money borrowed), or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or to any United States federal or state statute or regulation, in each case, regulation limiting its ability to incur indebtedness Debt for money borrowed as contemplated herebyborrowed.

Governmental Regulation. Neither the Borrower nor any Restricted Subsidiary is subject to regulation under the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or under any other federal or state statute or regulation, in each case, limiting regulation that may limit its ability to incur indebtedness for money borrowed as contemplated hereby.the Obligations or that may otherwise render all or any portion of the Obligations unenforceable. [[NYCORP:3374084v15:3156W: 11/13/2012--12:30 p]]

Governmental Regulation. Neither the Borrower nor any Subsidiary of ----------------------- its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, regulation limiting its ability to incur indebtedness for money borrowed as contemplated hereby.

Governmental Regulation. Neither Borrower and its Subsidiaries nor any Subsidiary (after giving effect to the Merger) Parent and its Subsidiaries (other than Borrower and its Subsidiaries) is subject to regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act 1940 or any statute other Applicable Law or regulation, in each case, limiting Governmental Authorization that restricts or limits its ability to incur indebtedness for money borrowed as contemplated herebyIndebtedness or to perform or satisfy its Obligations.

Governmental Regulation. Neither Borrower nor any Subsidiary is subject to to7.22 regulation under the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.. Labor Matters and Labor Agreements. Except as set forth in Exhibit 7.23 hereto:7.23

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Material Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute or regulation, in each case, limiting its ability to incur indebtedness for money borrowed as contemplated hereby.any

Governmental Regulation. Neither the Borrower nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Public Utility Holdings Company Act of 19401935, the Federal Power Act, the Interstate Commerce Act, the Federal Power Investment Company Act of 1940 or any other statute or regulation, in each case, limiting regulation of any Governmental Authority such that its ability to incur indebtedness for money borrowed as is limited or its 50 57 ability to consummate the transactions contemplated herebyhereby or by the other Transaction Documents is materially impaired.

Governmental Regulation. Neither Borrower nor any and no Subsidiary of either Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any other federal or state statute or regulation, in each case, limiting regulation which limits its ability to incur indebtedness for money borrowed as or its ability to consummate the transactions contemplated herebyhereby or by the Loan Documents.

Governmental Regulation. Neither the Borrower nor any Subsidiary of the Borrower is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Federal Power Act or any statute other federal or regulation, in each case, limiting state regulatory scheme such that its ability to incur indebtedness for money borrowed as Debt is limited or its ability to consummate the transactions contemplated herebyhereby is impaired.