Common use of Public Utility Holding Company Act; Federal Power Act Clause in Contracts

Public Utility Holding Company Act; Federal Power Act. Neither the company nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, and is not a "public utility", as such term is defined in the Federal Power Act, as amended.

Appears in 2 contracts

Samples: Senior Subordinated Note Purchase Agreement (New York Restaurant Group Inc), Senior Subordinated Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc)

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Public Utility Holding Company Act; Federal Power Act. Neither the company Company nor any of its Subsidiaries Subsidiary is a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding public utility company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, and is not or, except for Western Power Services, Inc., a "public utility", " as such term is defined in the Federal Power Act, as amended.

Appears in 1 contract

Samples: Master Shelf Agreement (Western Gas Resources Inc)

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Public Utility Holding Company Act; Federal Power Act. Neither the company Company nor any of its Subsidiaries Subsidiary is a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding public utility company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, and is not or, except for Western Gas Resources Power Marketing, Inc., a "public utility", " as such term is defined in the Federal Power Act, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Western Gas Resources Inc)

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