Public Utility. The Company has the legal right to function and operate as an electric public utility company in the States of Iowa, Illinois and South Dakota, and as a gas public utility company in the States of Iowa, Illinois, South Dakota and Nebraska.
Public Utility. None of the Loan Parties nor any of their Subsidiaries is in violation of the Public Utility Holding Company Act of 2005, Chapter 12 of Title 16 of the United States Code, or any other Requirements of Law applicable to public utilities.
Public Utility. Guarantor is a public utility as defined in Subchapter II of the Federal Power Act, 16 USCA ss.824(e).
Public Utility. The Company is an operating public utility subject to the jurisdiction of the Public Utilities Commission of Ohio and the Federal Communications Commission.
Public Utility. The Lessor agrees to provide public utility of the estate and any material of common public utilities including electricity system, water supply system and the telephone system. The Lessor shall provide two parts of the public utilities as Common Property and other in the Leased Property. The common utility system shall be deemed as the “Common Property”, and in the Leased Property, it shall be deemed as “Private Property”. The standard of location, size, quality and installation of the public utility and Private Property shall not be less than government standard. The Lessor shall apply for the installation of the public utilities, which the Lessor shall be initially responsible for the required fee and other expenses. Upon the Lessor have completed the registration of the lease of the Leased Property and public utilities measure to the Lessee, the Lessee agrees to reimburse the Lessor for such payment at the same rate and amount as the electricity authority, waterworks authority and TOT Public Company Limited or telephone provider charged from the Lessor.
Public Utility. Except as set out on Schedule VII and provided in the Government Approvals identified therein, the Borrower is not, nor will any of the Secured Parties be (solely as a result of its execution, delivery or performance of this Agreement or the other Financing Documents or the transactions contemplated thereby, other than the exercise of remedies under the Security Documents except to the extent that, following such exercise of remedies, the Borrower will remain as the owner of the relevant Projects, and the Operator will remain as the operator thereof), subject to regulation: (i) respecting the rates of electric utilities or material financial and organizational regulation of electric utilities under the FPA or the applicable Government Rules of the State of California other than, solely with respect to the Secured Parties' exercise of remedies under the Security Documents, Section 203 of the FPA; or (ii) otherwise as a gas or other regulated utility, however denominated, under applicable Government Rules of the United States of America or the State of California.
Public Utility. Neither it nor any of its "subsidiary companies" as that term is defined in PUHCA, is subject to, or is not exempt from, regulation as a "holding company," a "subsidiary company" of a holding company or a "public-utility company," as those terms are defined in PUHCA. It is not subject to regulation as a public utility or public service company (or similar designation) by the United States or any state of the United States.
Public Utility. The Lessee is not, nor will any of the Owner Lessor, the Equity Investor, the Indenture Trustee or the Noteholders be, solely as a result of the execution, delivery or performance of this Agreement or the other Operative Documents by any of them or the transactions contemplated thereby, so long as such Person does not operate the Project and is not otherwise engaged in the business of producing, selling or transmitting electric power, subject to regulation: (i) respecting the rates of electric utilities or material financial and organizational regulation of electric utilities under the Applicable Law of the State of Hawaii or (ii) otherwise as an electric or other regulated utility, however denominated, under the Applicable Law of the United States of America, including for the avoidance of doubt the Federal Power Act, or the State of Hawaii.
Public Utility. (i) Neither the Borrower nor any of its Subsidiaries (by reason of any action or inaction or by reason of the ownership or operation by it or any Affiliate of any Facility or otherwise) is subject to any type of financial, organizational or rate regulation as an Electric Utility or to be regulated as a "public utility company" or a company which is a "holding company" of a "public utility company" subject to registration with the Securities and Exchange Commission or to regulation under PUHCA.
(ii) Neither the Lender nor any of its Affiliates will, solely (i.e., without regard to any other activity or operation) by reason of this Agreement and the other Loan Documents and the consummation of the transactions contemplated hereby and thereby, be or deemed to be, or subject to regulation as a "public utility company" or a company which is a "holding company" of a "public utility company" subject to registration with the Securities and Exchange Commission or to regulation under PUHCA or any other Requirement of Law regulating utilities or independent power procedures.
(iii) Each Facility owned by the Borrower or any of its Subsidiaries or Affiliates on the Closing Date is (A) a "qualifying facility" within the meaning of the PURPA regulations, eligible for the benefit of the exemptions provided by 18 C.P.R. ss. 292.601 or an "exempt wholesale generator" under the National Energy Policy Act of 1992 or (B) exempt from all regulation under PUHCA.
Public Utility. All outstanding shares of capital stock having ordinary voting power for the election of directors of the Company have been validly issued, are fully paid and nonassessable, and are owned beneficially by NU, free and clear of any Lien. NU is a "holding company" (as defined in the Public Utility Holding Company Act of 1935, as amended (the "1935 Act")). Except for the post-closing filing on Form U-6B-2 required to be made with the Securities and Exchange Commission pursuant to the 1935 Act, the Company is not required to obtain any consents or make any filings pursuant to the 1935 Act in order to execute, deliver and perform this Agreement or any of the Related Documents to which it is a party.
