Not A Utility. Neither the Borrower nor any of its Subsidiaries is an entity engaged in the State of Texas in the (i) generation, transmission or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission or distribution and sale of steam or water; (v) operation of a railroad; or (vii) provision of sewer service to others.
Not A Utility. Neither Borrower nor any Guarantor is a utility subject to regulation under the laws of the State of Texas as a result of being engaged in the (i) generation, transmission, or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission, or distribution and sale of steam or water; (v) operation of a railroad; or (vi) provision of sewer service to others.
Not A Utility. Borrower is not an entity engaged in the State of Texas in the (i) generation, transmission, or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use; (iii) ownership or operation of a pipeline for the transmission or sale of natural or other gas, crude oil or petroleum products to other pipeline companies, refineries, local distribution systems, municipalities, or industrial consumers; (iv) provision of telephone or telegraph service to others; (v) production, transmission, or distribution and sale of steam or water; (vi) operation of a railroad; or (vii) provision of sewer service to others.
Not A Utility. Neither either Borrower nor Guarantor is a utility as a result of being engaged in the (i) generation, transmission, or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission, or distribution and sale of steam or water; (v) operation of a railroad; or (vii) provision of sewer service to others.
Not A Utility. The Pledgor is not, and will not, as a result of becoming a partner in the Borrower, be or become: (i) subject to regulation under Part II or Part III of the Federal Power Act, except for Sections 202(c), 210, 211, 212, 213, 214 and 305(c) of the Federal Power Act (16 U.S.C. 824a(c), 824i, 824j, 824k, 824l, 824m and 825d(c), respectively) and the enforcement provisions of Part III of the Federal Power Act relating thereto; (ii) an "electric utility company" for purposes of the Holding Company Act; (iii) subject to state law or regulation respecting the financial, rate or organizational regulation of electric utilities; or (iv) subject to regulation as a "steam heating company" under Article 78, Public Service Commission Law, of the Annotated Code of Maryland. (h)
Not A Utility. Borrower is not engaged in the State of Texas in the (i) generation, transmission, or distribution and sale of electric power, (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use, (iii) provision of telephone or telegraph service to others, (iv) production, transmission, or distribution and sale of steam or water, (v) operation of a railroad, or (vi) provision of sewer service to others.
Not A Utility. No Borrower is an entity engaged in the State of Texas in the (i) generation, transmission, or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission, or distribution and sale of steam or water; (v) operation of a railroad; or (vii) provision of sewer service to others.
Not A Utility. No Borrower is an entity engaged in any state in which it operates in the (i) generation, transmission, or distribution and sale of electric power; (ii) transportation, distribution and sale through a local distribution system of natural or other gas for domestic, commercial, industrial, or other use; (iii) ownership or operation of a pipeline for the transmission or sale of natural or other gas, crude oil or petroleum products to other pipeline companies, refineries, local distribution systems, municipalities, or industrial consumers; (iv) provision of telephone or telegraph service to others; (v) production, transmission, or distribution and sale of steam or water; (vi) operation of a railroad; or (vii) provision of sewer service to others.
Not A Utility. Neither Party may claim that by entering into, and performing its obligations under, this Agreement, Provider is an electric utility subject to regulation as an electric utility or subject to regulated electricity rates. Provider shall not claim to be providing electric utility services to Purchaser and shall not interfere with Purchaser’s ability to select an electric utility provider except that, to the extent Purchaser has a choice in selecting an electric utility provider or electricity provider, Purchaser shall not select an electric utility provider or electricity provider that requires, as part of their conditions for service, removal or discontinued operation of the System or the transactions contemplated hereunder.
Not A Utility. Tenant acknowledges that it is not a “utility” as defined in Minnesota Statutes §161.46 (subd. 2), and that Tenant will not be entitled to any compensation if it is required to relocate or protect its improvements due to the Landlord’s modification of transportation facilities.
