Common use of Regulated Entities Clause in Contracts

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is required to register as an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, Company is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary thereof, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or Company nor any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the CompanyNeither any Obligor, any Person controlling the Companyany Obligor, or nor any Subsidiary, Subsidiary is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company No Obligor is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities codecode or law, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness or enter into any Guaranty.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Restricted Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is or is required to be registered as an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under any provision of the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or of any other Federal or state statute or regulation regulation, limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other similar Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiary, is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary (other than Ellwood), is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, Company nor any Person controlling ------------------ the Company, or any Subsidiary, Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiary, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None Except as listed on Schedule 5.12 hereto, none of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any SubsidiarySubsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Related Entity, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Related Entity is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities codecode to which it is subject, or any other Federal or state statute or regulation of the United States or any such state limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary of the Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under any provision of the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or of any other Federal federal or state statute or regulation regulation, limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiary, Subsidiary of ------------------ the Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Company, any Person controlling the such Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company None of the Borrowers is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Neither the Company nor any other Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, the Guarantors, any Person controlling the Company, or any SubsidiaryGuarantor, is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, Company is (a) an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the CompanyCompanies, any Person controlling the CompanyCompanies, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Companies Act of 1940. The Company Neither of the Companies is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Companyany Borrower, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the -28- Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" Company within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, any Person controlling the Company, or nor any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness, except that certain Persons who may be deemed to control the Company, Comdata Holdings or Comdata are registered investment companies within the meaning of the Investment Company Act of 1940.

Regulated Entities. None of the Company, any ------------------ Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Company, any Person controlling the ------------------ such Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or or, to the best of the Company's knowledge, any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness, except that certain Persons who may be deemed to control the Company are registered investment companies within the meaning of the Investment Company Act of 1940.

Regulated Entities. None of the Company, any Person controlling ------------------- the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Restricted Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the No Company, nor any Person controlling the any Company, or nor any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The No Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ Controlling the Company, Company or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities codecode or law, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, No Company is an "Investment Companyinvestment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The No Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the U.S. Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other U.S. Federal or state statute or regulation limiting its ability to incur IndebtednessIn- debtedness.

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Material Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Neither the Company nor any other Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.. 6.14

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiary, Subsidiary of the Company is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or or, to the knowledge of such Company, any other Federal or state statute or regulation limiting its ability to incur Indebtedness, the conditions to which the Company has not satisfied.

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any SubsidiarySubsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the CompanyCompanies, nor any Person controlling the any Company, or nor any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The No Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.indebtedness;

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, the Guarantors, any Person controlling the Company, or any SubsidiaryGuarantor, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any other Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiaryMaterial Subsidiary (including the Guarantors), is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary (including the Guarantors) is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Company, any Person controlling the such Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person ------------------ controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is or is required to be registered as an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Company, any Person controlling the Company, or nor any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, 1935 or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, any Borrower, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Company or any Subsidiary of such Company, any Person controlling the Company, or any Subsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state or provincial public utilities code, or any other Federal Federal, provincial or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Guarantor or any Person controlling the Company, Company or any SubsidiaryGuarantor, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The None of the Company, any Guarantor or any Person controlling the Company or any Guarantor, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment -52- Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of of, or subject to regulation under, the Investment Company Act of 1940. The None of the Company or any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, No Company is an "Investment Companyinvestment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The No Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the U.S. Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal U.S. Federal, foreign or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Holdings, the Company, any Person controlling Holdings, the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither Holdings nor the Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any 70 Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or except as specifically disclosed in SCHEDULE 5.13, any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of of, or subject to regulation under, the Investment Company Act of 1940. The None of the Company or any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other similar Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "“Investment Company" ” within the meaning of the Investment Company Act of 1940. The Neither the Company nor any other Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.