Common use of Public Utility Holding Company Act Clause in Contracts

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower it nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "“holding company" ” or a "“subsidiary company" ” of a "holding company", company or an "“affiliate" ” of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ,” or a “public utility” within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ,” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower -------------------------------------- nor any Subsidiary 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," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither None of the Borrower Obligors nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary is a "“holding company" ” or a "“subsidiary company" ” of a "holding company", company or an "“affiliate" ” of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" "' or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ,” or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Significant Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the No Borrower nor or any Subsidiary thereof 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Guarantor nor any Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary of such Borrower 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor any Subsidiary of their respective 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", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended from time to time.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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"”, within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower is a "“holding company" ,” or a "“subsidiary company" ” of a "“holding company", ,” or an "“affiliate" ” of a "“holding company" ” or a “subsidiary company” of a "subsidiary company" of a "“holding company", ” within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended from time to time.

Public Utility Holding Company Act. Neither the Borrower Seller nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither of the Borrower Borrowers nor any Subsidiary 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," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Significant Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower such Borrowing Subsidiary nor any Subsidiary thereof 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended, any rule or regulation promulgated thereunder or any order or interpretation of the SEC issued pursuant thereto.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Borrowers nor any Subsidiary is are 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary of any Borrower 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended, and the Form U-3A-2/A of Guarantor filed with the Securities and Exchange Commission on August 23, 2004 was filed in good faith.

Public Utility Holding Company Act. Neither the No Borrower nor and no Subsidiary of any Subsidiary Borrower 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", ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 19351940, as amended.

Public Utility Holding Company Act. Neither the Borrower ---------------------------------- nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Borrower Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower formed following the Closing Date 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended or otherwise restricted from borrowing under the provisions of the Public Utility Holding Company Act of 1935.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a an "holding electric utility company" or an "associate company" of an "electric utility company" or a "subsidiary non-utility associate company" of a an "holding electric utility company", " or an "affiliateelectric utility" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the ---------------------------------- Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "“registered holding company" ” or a "“subsidiary company" ” of a "“registered holding company"”, or an "“affiliate" ” of a "“registered holding company" ” or of a "“subsidiary company" ” of a "“registered holding company"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower it nor any Subsidiary 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", ,” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the No Borrower nor any and no Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.. Section 7.14

Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary 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," or a ", public-utility company" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary thereof 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 19351940, as amended.. Section 4.15

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower ---------------------------------- nor any Guarantor or Subsidiary 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", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Restricted Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.. 4.10

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary 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", ,” or a “public utility” within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary thereof 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the any Borrower ---------------------------------- nor any Subsidiary 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", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither ---------------------------------- the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.50

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary a"subsidiary company" of a "holding company", or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", “public utility” within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Public Utility Holding Company Act. Neither the Borrower Holding nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary thereof 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a non-exempt "holding company," or is subject to regulation as such, nor is, to the knowledge of the Company's or Subsidiaries' officers, an "affiliate" of 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended. 5.19. [Reserved].

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary thereof is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" affiliate of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding -32- 38 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary thereof 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", within the meaning of ," as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "“holding company" ”’ or a "“subsidiary company" ” of a "“holding company", ” or an "49 “affiliate" ” of a "“holding company" ” or of a "subsidiary company" of a "holding company", “public utility” within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary of the Company 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended. 5.19.

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary thereof 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Public Utility Holding Company Act. Neither the Borrower Borrower, the Operating Partnership nor any Subsidiary 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", within the meaning of the Public Utility Holding Company Act of 1935, as amended.