Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended or (b) a "holding company" as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "investment company," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Debt.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. (a) Neither the Borrower nor its Subsidiaries is subject to any regulation as an "investment company" under the Investment Company Act of 1940, as amended.
(b) As of the Closing Date, the Borrower (i) is an "exempt wholesale generator" under PUHCA, (ii) is not a "public utility company" required to register under PUHCA, (iii) is not subject to regulation as an alternative retail electric supplier under the laws of the State of Illinois, (iv) is interconnected with the high voltage network and has access to transmission services and ancillary services to sell wholesale electric power and (v) has the authority to sell wholesale electric power at market-based rates.
(c) As of the Closing Date, neither the Borrower nor any Subsidiary of the Borrower is subject to regulation as a "holding company", or a "subsidiary company" or an "affiliate" of a "holding company" under PUHCA or is or will be subject to regulation as a "public utility" under the laws of the State of Illinois.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. No Person constituting the Borrower is (a) an "investment company," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended, or (b) a "holding company" as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935. No Person constituting the Borrower is subject to regulation under any federal or state statute or regulation which limits its ability to incur Indebtedness.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. Borrower is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended or (b) a "holding company" as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935. Borrower has not made an election to be treated as a utility (as defined in subdivision (2) of subsection (a) of Section 35.01 of the Texas Business and Commerce Code. Borrower is not primarily engaged in the transmission of goods or gas by pipeline, and does not hold itself out to the public as having facilities for the transmission of goods or gas by pipe- line which are available for hire by the general public.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. No Loan Party is (a) an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended or (b) a “holding company,” 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. 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; Public Utility Holding Company Act; Other Regulations. No Credit Party, Significant Subsidiary or other Subsidiary of the Borrower is (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended, in which case where such "holding company" is required to register under such Act. No Credit Party, Significant Subsidiary or other Subsidiary of the Borrower 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; Public Utility Holding Company Act; Other Regulations. (a) Neither the Borrower nor its Subsidiaries is subject to any regulation as an "investment company" under the Investment Company Act of 1940, as amended.
(b) As of the Closing Date, the Borrower (i) is not subject to regulation as an alternative retail electric supplier under the laws of the State of Illinois, (ii) is interconnected with the high voltage network and has access to transmission services and ancillary services to sell wholesale electric power and (iii) has the authority to sell wholesale electric power at market-based rates.
(c) As of the Closing Date, neither the Borrower nor any Subsidiary of the Borrower (i) is subject to regulation under PUHCA that would have effect of preventing the execution and performance of its obligations under each Loan Document to which it is a party or (ii) is or will be subject to regulation as a "public utility" under the laws of the State of Illinois.
Investment Company Act; Public Utility Holding Company Act; Other Regulations. No Person constituting the Borrower is (a) an "investment company," or a company "
Investment Company Act; Public Utility Holding 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.
