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

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, or after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption “Use of Proceeds” will be, (i) an “investment company” or a company “controlled by” an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), or (ii) a “holding company” or a “subsidiary company” or “affiliate” of a “holding company” under the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Underwriting Agreement (Enterprise Products Operating L P), Underwriting Agreement (Enterprise Products Partners L P), Underwriting Agreement (Enterprise Products Partners L P)

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Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, or and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended, or (ii) a "public utility company," "holding company" or a "subsidiary company” or “affiliate” " of a "holding company" or an "affiliate" thereof, under the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Underwriting Agreement (Penn Virginia Corp), Underwriting Agreement (Penn Virginia Resource Partners L P), Underwriting Agreement (Sunoco Logistics Partners Lp)

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Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, or and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption “Use of Proceeds” will be, (i) an “investment company” or a company “controlled by” an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and the rules and regulations of the Commission thereunder or (ii) a “public utility company,” “holding company” or a “subsidiary company” or “affiliate” of a “holding company” under the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Underwriting Agreement (Sunoco Logistics Partners Lp)

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