Investment Company, Holding Company Act. None of Borrower, the Member or any Affiliated Participant that is a party to an Operative Document is an investment company or a company controlled by an investment company within the meaning of the Investment Company Act of 1940, as amended. Borrower and Member have made any required filing with FERC, pursuant to PUHCA. No Affiliate of Borrower (including the Member) is subject to, or not exempt from, regulation under PUHCA other than regulation under PUHCA that would not reasonably be expected to constitute a Material Adverse Effect. Each Project Company satisfies the requirements of Section 1262(6) of PUHCA and the regulations thereunder to be an “exempt wholesale generator.”
Appears in 4 contracts
Samples: Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.)
