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of PUHCA Sample Clauses

of PUHCAThe Borrower has filed with the federal Energy Regulatory Commission a notification of its “holding company” status pursuant to 18 C.F.R. § 366.4(a) (2005). On and after the Effective Date, the Borrower and certain of its subsidiaries qualifies for waiver, pursuant to 18 C.F.R. § 366.3(c), of the PUHCA accounting, record-retention, and filing requirements at 18 C.F.R. §§ 366.21, 366.22, and 366.23, or are otherwise exempt from such requirements pursuant to 18 C.F.R. § 366.3(a).
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of PUHCA. APS will purchase any electric energy from its EWG affiliate at market based rates. This Commission has determined that (1) the proposed transaction will benefit consumers and does not violate Arizona law; (2) the proposed transaction will not provide APS' EWG affiliate an unfair competitive advantage by virtue of its affiliation with APS; (3) the proposed transaction is in the public interest. The APS affiliate or affiliates acquiring APS' generating assets will be subject to regulation by the Commission, to the extent otherwise permitted by law, to no greater manner or extent than that manner and extent of Commission regulation imposed upon other owners or operators of generating facilities.
of PUHCA. To the best of Borrower's knowledge, no proceedings to revoke or modify either of such exemptions have been instituted or are pending. Neither Borrower or any Subsidiary is a "holding company" or, other than by virtue of its relationships with AES and IPALCO as set forth in the preceding portion of this paragraph, a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of PUHCA.
of PUHCAThe Guarantors are not subject to regulation as a "subsidiary company" or an "affiliate" of a holding company under (and as defined in) PUHCA. Neither Guarantor has taken any action which, (i) if and so long as the owner and operator of the Project is an "exempt wholesale generator" under Section 32 of PUHCA, could reasonably be expected to result in the Project failing to meet the definition of an "eligible facility" under paragraph 32(a)(2) of PUHCA or (ii) if and so long as the owner and operator of the Project is a "foreign utility company" under Section 33 of PUHCA, could reasonably be expected to result in the Project not satisfying the requirements set forth in paragraph 33(a)(3) of PUHCA.
of PUHCASierra Pacific Power Company, a wholly-owned subsidiary of Purchaser, is regulated as a public utility in the States of Nevada and California and in no other state. Nevada Power Company, a wholly-owned subsidiary of Purchaser, is regulated as a public utility in the State of Nevada and in no other state. Except as set forth in this Section 4.7, neither Purchaser nor any "subsidiary company" or "affiliate" (as each such term is defined in PUHCA) of Purchaser is subject to regulation as a public utility or public service company (or similar designation) by any other state in the United States or any foreign country. Tuscarora Gas Pipeline Company, a wholly-owned subsidiary of Purchaser, is a general partner in Tuscarora Gas Transmission Company, which is a general partnership that owns and operates a FERC-regulated interstate natural gas pipeline.
of PUHCAThe Borrower has paid in full all amounts (including, but not limited to, the Upfront Fee) required to be paid to or deposited with the Agents or any Lender on the Closing Date, and all taxes, fees and other costs payable in connection with the execution, delivery and filing of the documents and instruments required to be filed as a condition precedent under Section 3.1 of the Financing Agreement, or other arrangements, acceptable to the Agents and the Lenders, therefor have been made by Borrower. [SIGNATURE TO FOLLOW]
of PUHCA. None of the Loan Parties is subject to regulation under any Law as to the issuance of securities by, or rates or financial or organizational matters of, electric utilities that would preclude the
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of PUHCA. The Borrower will take, or cause to be taken, all action required to cause each Operator and NRG Operations to maintain its status as an "exempt wholesale generator" under Section 32(a) of PUHCA.
of PUHCA. The Puna project will not, solely as a result of the execution and delivery of the Underwriting Agreement and the consummation of the transactions contemplated thereby, cease to be an "eligible facility" owned by an "exempt wholesale generator," as such terms are defined under PUHCA.
of PUHCAPursuant to Section 33(a)(3) of PUHCA, a notice of foreign utility company status was filed on December 15, 1997, with the Securities and Exchange Commission. There is no action threatened or pending in respect of the status of the Project Partnership as a foreign utility company under PUHCA.
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