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. The Borrower is not, nor by reason of the ownership or operation of any System or any other transaction contemplated by the Transaction 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, or a subsidiary or affiliate of any of the foregoing, under any Law; provided, however, that (i) it shall not constitute a Default of any kind hereunder for (A) 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 (B) the Borrower to receive authorization under applicable law to sell its electrical output and become subject to applicable regulatory requirements with an applicable exemption from utility regulation, howsoever defined, as provided for in and under 18 C.F.R. 292.601(c), 292.602(b) and 292.602(c).
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. 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. 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. (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.
(ii) None of the Agents or the Lenders will, solely by reason of (A) the ownership or operation of the Projects by the Affiliates, (B) the Loans, (C) the Liens of the Security Documents or (D) any other transaction or relationship contemplated by the Documents, be deemed by any Government Instrumentality to be, or to be subject to regulation as, an "electric utility," "electric utility company," "electric corporation," "electrical company," "public utility," "natural gas company" (transporting gas in interstate commerce), "gas utility," "public service company," "public utility holding company," "electric utility holding company," "holding company" or "subsidiary company" of a holding company, or other similar entity, or a subsidiary or affiliate of any of the foregoing, under any Law.
Public Utility Status. Seller is not a regulated public utility under applicable state or federal law including, without limitation, the Public Utility Holding Company Act of 1935, as amended.
Public Utility Status. No Obligor will, either by act or omission, become or permit any other Obligor or, as a result of its obligations under this Agreement, the Bank to become subject to regulation under the United States Public Utility Holding Company Act of 1935, as amended, or the United States Federal Power Act.
Public Utility Status. No Obligor will, either by act or omission, become or permit any other Obligor or, as a result of its obligations under this Agreement, the Lender to become subject to regulation under the United States Federal Power Act of 1920, as amended.
Public Utility Status. (a) As long as the Facility is a Qualifying Facility, neither the Partnership nor the General Partner nor the Limited Partner will, solely by reason of (i) the ownership (or leasing), operation or maintenance of the Project by the Partnership (including operation or maintenance by an agent of the Partnership) or (ii) any other transaction contemplated by this Agreement or any other of the Transaction Documents, be: (i) subject to regulation under Part II or III of the Federal Power Act, except for Sections 202(c), 210, 211, 212, 213, 214 and 305(c) of the Federal Power Act (16 U.S.C. 824a(c), 824i, 824j, 824k, 824l, 824m and 825d(c), respectively) and the enforcement provisions of Part III of the Federal Power Act relating thereto; (ii) an "electric utility company" for purposes of the Holding Company Act; (iii) subject to state law or regulation respecting the rates of electric utilities or state law or regulation respecting the financial and organizational regulation of electric utilities (except for state law or regulation implementing Subpart C of 18 C.F.R. Part 292); or (iv) subject to regulation as a "steam heating company" under Article 78, Public Service Commission Law, of the Annotated Code of Maryland.
(b) As long as the Facility is a Qualifying Facility, none of the Owner Trustee nor GE Capital nor any of GE Capital's Affiliates will be a Public Utility solely by reason of (i) the ownership (or leasing), operation or maintenance of the Project by the Partnership (including operation or maintenance by an agent of the Partnership), (ii) the making of the Loans, (iii) the securing of the Obligations by Liens on the Collateral, (iv) the Owner Trustee's ownership of the Facility as contemplated by subsection 5.2 hereof or (v) any other transaction contemplated by this Agreement or any other Transaction Document (other than any transaction described in subsection 3.20(c) hereof).
(c) None of the Owner Trustee, the Security Agent, GE Capital nor any of GE Capital's Affiliates will, solely by reason of the Security Agent's, the Owner Trustee's, GE Capital's or any such Affiliate's ownership or operation of the Project upon the exercise of remedies under the Collateral Security Documents, be: (i) subject to regulation under Part II or III of the Federal Power Act, except for Sections 202(c), 210, 211, 212, 213, 214 and 305(c) of the Federal Power Act (16 U.S.C. 824a(c), 824i, 824j, 824k, 824l, 824m and 825d(c), respectively) and the enforcement provision...
