Common use of Not A Utility Clause in Contracts

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 the Borrower nor any of its Subsidiaries is not an entity engaged in the State of Texas in the (i) generation, transmission 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 industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission 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 the No Borrower nor any of its Subsidiaries is an entity engaged in the State of ------------- Texas in the (i) generation, transmission 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 industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission 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 the Borrower nor any of its Subsidiaries Guarantor is an entity engaged in the State of Texas in the (i) generation, transmission 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 industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission 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 the Borrower nor any of its Subsidiaries Guarantor is an entity engaged in the State of Texas in the (i) generation, transmission 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 industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission 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 the Borrower nor any of its Subsidiaries Subsidiary is an entity ------------- engaged in the State of Texas in the (i) generation, transmission 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 industrial, or other use; (iii) provision of telephone or telegraph service to others; (iv) production, transmission transmission, or distribution and sale of steam or water; (v) operation of a railroad; or (vii) provision of sewer service to others.