Holding Company Act and Federal Power Act Sample Clauses

Holding Company Act and Federal Power Act. Immediately prior to executing this Agreement, the Owner Participant is not (i) an "electric utility," "electric utility company," "public utility," "public-utility company," or a "holding company" under the Federal Power Act or PUHCA or (ii) a "subsidiary company" or "affiliate" of a "holding company", as such terms are defined in PUHCA, required to register under PUHCA.
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Holding Company Act and Federal Power Act. It is not an "electric utility", "electric utility company", "public utility", "public-utility company", "holding company" or a "subsidiary" or "affiliate" of any of the foregoing, under the Federal Power Act or PUHCA.
Sample 1
Holding Company Act and Federal Power Act. Immediately prior to ----------------------------------------- executing this Agreement, the Owner Participant is not an "electric utility" or a "public utility" as such terms are used in the Federal Power Act, and is not an "electric utility company," a "public-utility company," a "holding company" or a "subsidiary company" or an "affiliate" of a "holding company," other than a "holding company" that is (together with all "subsidiary companies" and "affiliates" thereof) exempt from all regulation under the Holding Company Act (other than such regulation under Section 9(a)(2) thereof) pursuant to Section 3(a) thereof, as such terms are used thereunder.
Sample 1
Holding Company Act and Federal Power Act. TVA is not subject to the Holding Company Act. None of the Owner Lessor, the Owner Participant, the Trust Company, the Owner Trustee, the Lease Indenture Trustee, or the Pass Through Trustee shall, solely by reason of the execution and delivery of this Agreement and each of the other Operative Documents to which they are or will be party and the consummation of the transactions contemplated hereby and thereby, be deemed to be an “electric utility” or “public utility” as such terms are used in the Federal Power Act or an “electric utility company,” a “public utility company,” a “holding company,” or a “subsidiary company” or an “affiliate” of an “electric utility company,” a “public utility company,” or a “holding company,” as such terms are used in the Holding Company Act; provided however, that unless an exemption under the Holding Company Act is available, the exercise of any remedy provided for in any Operative Document that results in operation or direct or indirect ownership by the Owner Lessor, the Owner Participant, the Trust Company, the Owner Trustee, the Lease Indenture Trustee or the Pass Through Trustee or any Affiliate of any of them or any of their successors or assigns, of the Network may result in regulation of the operator or any direct or indirect owner of the Network and of its Affiliates under the Holding Company Act; provided farther, that the exercise of any remedy provided for in any applicable Operative Document that results in ownership or operation by the Owner Lessor, the Owner Participant, the Trust Company, the Owner Trustee, the Lease Indenture Trustee or the Pass Through Trustee or any of their respective successors or assigns, of the Network may result in regulation of the owner or operator of the Network becoming subject to regulation under the Federal Power Act.
Sample 1

Related to Holding Company Act and Federal Power Act

  • Federal Power Act None of the Company nor any of its Subsidiaries is subject to regulation as a “public utility” under the Federal Power Act, as amended.

  • Bank Holding Company Act Neither the Company nor any of its Subsidiaries or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

  • Public Utility Holding Company Act and Investment Company Act Status The Company is not a “holding company” or a “public utility company” as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The Company is not, and as a result of and immediately upon the Closing will not be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.

  • Margin Regulations; Investment Company Act; Public Utility Holding Company Act (a) The Borrower is not engaged and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.

  • Investment Company Act; Public Utility Holding Company Act Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.

  • Public Utility Holding Company Act Neither the Company nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

  • Investment Company Act; Other Regulations No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.

  • Investment Company Act of 1940 Engage in any business, enter into any transaction, use any securities or take any other action or permit any of its Subsidiaries to do any of the foregoing, that would cause it or any of its Subsidiaries to become subject to the registration requirements of the Investment Company Act of 1940, as amended, by virtue of being an “investment company” or a company “controlled” by an “investment company” not entitled to an exemption within the meaning of such Act.

  • Investment Company Act Margin Regulations (a) Neither any Obligor nor any of its Restricted Subsidiaries is, or is regulated as, an “investment company,” as such term is defined in the Investment Company Act of 1940 (as adopted in the United States), as amended.

  • Investment Company Act; JOBS Act Acquiror is not an “investment company” or a Person directly or indirectly “controlled” by or acting on behalf of an “investment company”, in each case within the meaning of the Investment Company Act. Acquiror constitutes an “emerging growth company” within the meaning of the JOBS Act.

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