Common use of Investment Company Act; PUHCA, FPA and Utility Regulation Clause in Contracts

Investment Company Act; PUHCA, FPA and Utility Regulation. The Owner Lessor is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (ii) subject to regulation under PUHCA as a “holding company” or a “public-utility company,” (iii) subject to regulation as a “public utility” under Section 201(e) of the FPA, or (iv) subject to any other Requirement of Law which purports to restrict or regulate its ability to borrow money.