Common use of Investment Company Act; Public Utility Holding Company Act; Other Regulations Clause in Contracts

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. (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 Effective 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 Effective 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. (a) Neither the The Borrower nor its Subsidiaries is not subject to any regulation as an "investment company" under within the meaning of the Investment Company Act of 1940, as amended. (b) As of the Closing Effective Date, the Borrower is not subject to regulation as (i) a "public utility company required to register under PUHCA or (ii) an alternative retail electric supplier under the laws of the State of Illinois. (c) As of the Effective Date, no Loan Party (i) is subject to regulation as a "holding company" or a "subsidiary company" or an "affiliate" of a "holding company" under PUHCA, or (ii) is or will be subject to regulation as a "public utility" under the laws of the State of Illinois. (d) As of the Effective Date, Midwest (i) is an "exempt wholesale generator" under PUHCA, (ii) is not a "public utility company" required to register under PUHCAPUCHA, (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.