Noncontravention and Governmental Approvals. With respect to the opinions expressed in Paragraphs 5(a) and 6, (i) our opinions are limited to our review of only those statutes and regulations of Applicable Law that, in our experience, are normally applicable to transactions of the type contemplated by the Credit Agreement and to business organizations generally and to the energy and utility business of the Borrowers known to us, and (ii) we express no opinion whether performance after the date hereof by a Borrower of its obligations under the Credit Agreement (other than (A) any payment obligation, (B) any guarantee by such Borrower of payment obligations of other persons under the Credit Agreement and (C) any obligation to deliver financial information to the Agent) would require any consent, approval or authorization of, or filing with, any governmental authority or would violate Applicable Law. Our opinion in Paragraph 5(a) is also subject to the qualification that the Current SCC Order will not become a final and nonappealable order until 30 days after the date of issuance, and we therefore express no opinion with respect to the effect of an adverse decision resulting from such an appeal. However, we note that no party commented on, filed an objection to or requested a hearing with respect to the proceedings of the SCC on VaPower’s application for the Current SCC Order.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs III-2 and III-3, our opinions are limited (i) to our actual knowledge, if any, of the Borrower Parties’ specially regulated business activities and properties based solely upon the Borrower’s Certificate in respect of such matters and without any independent investigation or verification on our part and (ii) to our review of only those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Subject Documents.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs 4(a) and 5, our opinions are limited to our review of those laws and regulations that, in our experience, are normally applicable to (i) business corporations generally, (ii) the Borrower Parties’ specially regulated business activities known to us and (iii) transactions of the type contemplated by the Credit Agreement. In addition, the SCC Order will not become a final and nonappealable order until 30 days after the date of issuance, and we express no opinion with respect to the effect of an adverse decision resulting from such an appeal. However, we note that no party commented on, filed an objection to or requested a hearing with respect to the proceedings of the SCC on Virginia Electric and Power Company’s application for the SCC Order.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in Paragraphs 5(b) and 6, (i) our opinions are limited to our review of only those statutes and regulations of Applicable Law that, in our experience, are normally applicable to transactions of the type contemplated by the Subject Documents and to business organizations generally; (ii) we express no opinion whether performance by any Borrower Party of its obligations under the Subject Documents after the date hereof (other than any payment obligation, any guarantee by such Borrower Party of payment obligations of other persons under any Subject Documents, or any obligation to deliver financial information to the Administrative Agent or any Lender) would violate any Applicable Law; and (iii) we express no opinion whether any consent, approval or authorization of, or filing with, any governmental authority is required for the performance by any Borrower Party of its obligations under the Subject Documents after the date hereof (other than the obligations specified in the parenthetical under clause (ii) above).
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs 4(a) and 5 above, our opinions are limited to our review of only those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Subject Documents and to business organizations generally.
Noncontravention and Governmental Approvals. We respect to the opinions expressed in paragraphs 7, 8, and 12, my opinions are limited to my review of only those laws and regulations that, in my experience, are normally applicable to transactions of the type contemplated by the Loan Documents.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs 4(a) and 5, our opinions are limited to our review of (i) those laws and regulations that, in our experience, are normally applicable to business corporations generally, (ii) those laws and regulations applicable to the Borrower’s specially regulated business activities known to us and (iii) those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Credit Agreement.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs III-(d)(i), III-(e) and III-(f), our opinions are limited (i) to our actual knowledge, if any, of the Borrower’s specially regulated business activities and properties based solely upon the Borrower’s Certificate in respect of such matters and without any independent investigation or verification on our part and (ii) to our review of only those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Subject Documents. Further, if the Borrower proposed to issue notes or other evidences of indebtedness with a term of longer than one year from the date of issuance thereof, Section 6-102 of the Illinois Public Utilities Act, 220 ILCS 5/6-102, requires the Borrower to first obtain the authorization of the Illinois Commerce Commission.
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs 4(a) and 5, our opinions are limited to our review of (i) those laws and regulations that, in our experience, are normally applicable to business corporations generally, (ii) those laws and regulations applicable to the Borrower Parties’ specially regulated business activities known to us and (iii) those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Credit Agreement. In addition, we note that the order of the State Corporation Commission of Virginia dated February 23, 2006 regarding the incurrence by VaPower of the indebtedness contemplated by the Credit Agreement will not become a final and nonappealable order until 30 days after the date of issuance, although as of the date hereof there are no parties with standing to appeal such order. The Administrative Agent and each of the Lenders May 29, 2003
Noncontravention and Governmental Approvals. With respect to the opinions expressed in paragraphs III-(d)(i), III-(e) and III-(f), our opinions are limited (i) to our knowledge, if any, of the Borrower's specially regulated business activities and properties based solely upon the Borrower's Certificate in respect of such matters and without any independent investigation or verification on our part and (ii) to our review of only those laws and regulations that, in our experience, are normally applicable to transactions of the type contemplated by the Subject Documents. For this paragraph, "our knowledge" means the actual knowledge of the particular Ungaretti & Xxxxxx LLP attorneys who have represented the Borrower in connection with the Subject Documents and who have given substantive attention to the preparation and negotiation thereof - namely, Xxxx X. Xxxxxx and Xxxxxxx X.
