Public Utility Status. Basis is not (i) a "public utility company", a "holding company" or an "affiliate" of a "holding company" as those terms are defined in the Public Utility Holding Company Act of 1935, (ii) a "gas utility", "public utility" or "utility" as those terms are defined in Article 6050 of the Revised Civil Statutes of Texas or (iii) a "public utility" or "utility" as those terms are defined in the Public Utility Regulatory Act of Texas or under the applicable laws of any state in which Basis does business.
Public Utility Status. RILG and its Affiliates shall have no obligation to operate any of the RILG Facilities at any time. RILG and its Affiliates are not public utilities and do not intend to dedicate their assets to public service, as those terms are defined under applicable Legal Requirements, and RILG and its Affiliates may suspend or cease operations if continued operation would subject them to regulation as a public utility in the State of Rhode Island or in any other jurisdiction.
Public Utility Status. (i) None of Borrower or the Affiliates is, nor by reason of the ownership or operation of any Project or any other transaction contemplated by the Documents will be, subject to financial, organizational or rate regulation as an "electric utility," "electric utility company," "electric corporation," "electrical company," "public utility," "public service corporation," "gas utility," "natural gas company" (transporting gas in interstate commerce), "public service company," "public utility holding company," "electric utility holding company," "holding company" or "subsidiary company" of a holding company, or other similar entity under any Law.
Public Utility Status. Neither the Security Agent nor any of the Secured Parties will solely by reason of (a) the ownership interest of the Pledgor in the Corporation, (b) the purchasing of the Notes; (c) the securing of the Obligations by Liens on the Pledged Collateral or (d) any other transaction contemplated by this Agreement or any of the other Basic Documents, be deemed by any Governmental Authority to be, or to be subject to regulation as (i) an "electric utility", "electric corporation", "electrical company", "public utility" or "public utility holding company" under existing law, rule or regulation of any Governmental Authority, or (ii) an "affiliate" of a public utility holding company as such terms are defined in the PUHCA. Neither the Security Agent nor any of the Secured Parties will, by reason of its or their ownership of the Pledged Collateral upon the exercise of their remedies hereunder and under the other Basic Documents, nor by reason of its or their exercise of other remedies thereunder, be deemed by any Governmental Authority to be (i) subject to financial, organizational or rate regulation as an "electric utility", "electric corporation", "electrical company", "public utility" or a "public utility holding company" under any existing law, rule or regulation of any Governmental Authority, or (ii) an "affiliate of a public utility holding company as such terms are defined in PUHCA; provided that to the extent that the Security Agent or the Noteholders exercise their remedies under the Stock Pledge to foreclose under the shares of stock pledged thereunder and become the owner or owners of such shares of stock, then unless the Company shall at such time be an "Exempt Wholesale Generator" pursuant to Section 32 of PUHCA or shall control less than ten percent of the aggregate voting rights in either of the Partnerships, the Security Agent and the Noteholders may have to make certain filings with the Federal Energy Regulation Commission and/or the Securities and Exchange Commission to avoid becoming subject to regulation as an "electric utility" or an "affiliate" of a public utility holding company as such terms are defined in PUHCA.
Public Utility Status. Neither the Borrower nor the Pledgor is, neither of them by reason of the ownership or operation of any System or any other transaction contemplated by the Transaction Documents will be, and none of them will permit itself to become, subject to financial, organizational or rate regulation as an “electric utility,” “electric utility company,” “electric corporation,” “electrical company,” “public utility,” “public service corporation,” “gas utility,” “natural gas company” (or similar entity transporting gas in interstate commerce), “public service company,” “public utility holding company,” “electric utility holding company,” “holding company,” “subsidiary company” of any such holding company, or any other similar entity, or a subsidiary or affiliate of any of the foregoing, under any Law; provided, that it shall not constitute a Default of any kind hereunder for (i) the Borrower to be a “qualifying small power producer” which operates or controls a “qualifying small power production facility,” as those terms are defined under Section 3 of the Federal Power Act, as amended, and the regulations thereunder; or (ii) the Borrower to receive authorization under applicable law to sell its electrical output and become subject to applicable regulatory requirements.
Public Utility Status. It will not, and will not permit any Affiliate to, either by act or omission, become, or cause any Agent or any Lender to become, subject to financial, organizational or rate regulation as an "electric utility," "electric utility company," "electric corporation," "electrical company," "public utility," "public service corporation," "gas utility," "natural gas company" (transporting gas in interstate commerce), "public service company," "public utility holding company," "electric utility holding company," "holding company" or "subsidiary company" of a holding company, or other similar entity, under any Law.
Public Utility Status. (a) Neither the Borrower nor the General Partner will, by reason of (i) the ownership of the Facility or the operation thereof by the Borrower, or (ii) any other transaction contemplated by this Agreement or any other Basic Document, be deemed by any Governmental Authority having jurisdiction to be subject to financial, organizational or rate regulation as an "electric utility", "electric corporation", "electrical company", "public utility" or a "public utility holding company" under any existing Applicable Law except where (x) the effect of such determination would result only in the imposition of reporting or safety requirements which, in the reasonable opinion of the Lender, are non-burdensome in nature and (y) in the event that steam from the Project is supplied, directly or indirectly, to Persons other than the Steam Host under the Steam Supply Agreement or otherwise, the Limited Partnership shall have obtained a declaratory order or other official assurance, in form and substance reasonably satisfactory to the Lender, from the New Jersey Board of Regulatory Commissioners to the effect that such sales will not result in the Facility, the owner thereof or any of such owner's Affiliates being deemed to be, or subject to regulation as, a "public utility" under any Applicable Law (other than regulation of the nature described in clause (x) of this clause (m).
Public Utility Status. No Howell Entity is (i) a "public utixxxx xompany", a "holding company" or an "affiliate" of a "holding company" as those terms are defined in the Public Utility Holding Company Act of 1935, (ii) a "gas utility", "public utility" or "utility" as those terms are defined in Article 6050 of the Revised Civil Statutes of Texas or (iii) a "public utility" or "utility" as those terms are defined in the Public Utility Regulatory Act of Texas or under the applicable laws of any state in which Howell or the Howell Subsidiaries xxxx xusiness.
Public Utility Status. (a) The Company is an EWG. The Company will be subject to the compliance requirements under PUHCA applicable to an EWG and an owner or operator of an “eligible facility” (as such term is defined in PUHCA), and also will be considered an “electric utility company”, “public utility” and “public-utility company” under PUHCA.
Public Utility Status. No Xxxxxx Entity is (i) a "public utility --------------------- company", a "holding company" or an "affiliate" of a "holding company" as those terms are defined in the Public Utility Holding Company Act of 1935, (ii) a "gas utility", "public utility" or "utility" as those terms are defined in Article 6050 of the Revised Civil Statutes of Texas or (iii) a "public utility" or "utility" as those terms are defined in the Public Utility Regulatory Act of Texas or under the applicable laws of any state in which Xxxxxx or the Xxxxxx Subsidiaries does business.
