Investment Company Act; Federal Power Act Clause Samples

Investment Company Act; Federal Power Act. None of the Borrower or any of its Subsidiaries is subject to regulation with respect to the creation or incurrence of Indebtedness under the Investment Company Act of 1940, as amended. None of the Borrower or any of its Subsidiaries, or any Affiliate of any of them, is subject to regulation under the FPA or under applicable state or other laws and regulations respecting the rates or the financial or organizational regulation of electric utilities, as a result of the creation or incurrence of the Obligations or the entering into this Agreement or any other Credit Document or the consummation of any transaction contemplated hereby or thereby.
Investment Company Act; Federal Power Act. No Borrower Party or any Subsidiary of a Borrower Party is required to register under the provisions of the Investment Company Act of 1940, as amended, and neither the entering into or performance by the Borrower Parties of this Agreement nor the issuance of any Revolving Loan Notes violates any provision of such Act or requires any consent, approval, or authorization of, or registration with, any governmental or public body or authority pursuant to any of the provisions of such Act. No Borrower Party or any Subsidiary of a Borrower Party is a “public utility” within the meaning of the Federal Power Act (16 U.S.C. Section 791a et seq.), as amended.
Investment Company Act; Federal Power Act. Neither Borrower nor any Subsidiary of Borrower is required to register under the provisions of the Investment Company Act of 1940, and neither the entering into or performance by Borrower of this Agreement or any other Loan Document nor the issuance of any Notes violates any provision of such Act or requires any consent, approval or authorization of, or registration with, any Governmental Authority pursuant to any of the provisions of such Act. Neither Borrower nor any Subsidiary of Borrower is a “public utility” within the meaning of the Federal Power Act (16 U.S.C. Section 791a et seq.).
Investment Company Act; Federal Power Act. 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. None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or is required to be registered as an "investment company" under the Investment Company Act of 1940, as amended. None of the Borrower or any of its Subsidiaries, or any Affiliate of any of them, is subject to regulation under the FPA or under applicable state or other Laws respecting the rates or the financial or organizational regulation of electric utilities, as a result of the creation or incurrence of the Obligations or entering into this Agreement or any other Loan Document or the consummation of any transaction contemplated hereby or thereby.