Common use of Regulated Entities Clause in Contracts

Regulated Entities. Neither Borrower nor any Person controlling Borrower is an “Investment Company” within the meaning of the Investment Company Act of 1940; or 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. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, nor any Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal 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. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940; 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. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, or any of its Subsidiaries, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither No Borrower nor any and no Person controlling Borrower any Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . No Borrower is 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 or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. Neither Borrower nor any Person controlling Borrower of its Subsidiaries is (a) an “Investment Companyinvestment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940; 1940 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 statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; 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. Neither Borrower nor any Person controlling Borrower is (a) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; 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. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, nor any Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; 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 IndebtednessDebt.

Regulated Entities. Neither No Borrower nor any and no Person controlling a Borrower is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . No Borrower is 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 or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. Neither No Borrower nor any and no Person controlling Borrower any Borrower, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . No Borrower is 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 or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. Neither Borrower nor None of Borrower, any Person controlling Borrower Borrower, or any Subsidiary of Borrower, is (a) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; 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. Neither None of Borrower nor or any Person controlling Borrower Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither None of Borrower nor any Guarantor or any Person controlling Borrower or Guarantors, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . Neither Borrower nor any Guarantor is 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. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary, is an “Investment CompanyBorrower” within the meaning of the Investment Company Borrower Act of 1940; or . The Borrower is not subject to regulation under the Public Utility Holding Company Borrower 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. Neither the Borrower nor any Person controlling Borrower the Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 codecode or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, or any of its Subsidiaries, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither the Borrower nor any Person controlling the Borrower is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; 1940 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 statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Regulated Entities. Neither Borrower nor None of the Borrowers or any Person controlling Borrower the Borrowers is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . None of the Borrowers is 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. Neither Borrower nor None of the Borrowers, any Person controlling Borrower a Borrower, or any Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . Neither Borrower is 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. Neither Borrower nor None of the Borrower, any Person controlling Borrower Controlling the Borrower, or any Subsidiary, is (a) an “Investment Company” "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940; , as amended, or (b) a "holding company" as defined in, or subject to regulation under 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 Indebtednessas amended.

Regulated Entities. Neither None of Borrower nor or any Person controlling Borrower is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; 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. Neither Borrower nor any Person controlling Borrower is (a) an “Investment Company” within the meaning of the Investment Company Act of 1940; 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. Neither Borrower the Borrower, nor any Person ------------------ controlling Borrower the Borrower, nor any Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither the Borrower nor any Person controlling the Borrower is (i) an “Investment Company” within the meaning of the Investment Company Act of 1940; or (ii) subject to regulation under the Public Utility Holding Company Act of 19351935 other than pursuant to Section 9(a)(2) thereof, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, Act or any other federal or state statute or regulation thereunder limiting its ability to incur Indebtedness.Debt. (n)

Regulated Entities. Neither the Borrower nor any Person controlling the Borrower is (i) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or (ii) subject to regulation under the Public Utility Holding Company Act of 19351935 other than pursuant to Section 9(a)(2) thereof, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, Act or any other federal or state statute or regulation thereunder limiting its ability to incur IndebtednessDebt.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Public Utility Holding Company Borrower 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. Neither Borrower the Borrower, nor any Person controlling Borrower ------------------ the Borrower, or any of its Subsidiaries, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower the Borrower, nor any Person controlling Borrower ------------------ the Borrower, nor any Subsidiary, is an “"Investment Company” Company within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; 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. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary, is an “"Investment Company” Borrower" within the meaning of the Investment Company Borrower Act of 1940; or . The Borrower is not subject to regulation under the Public Utility Holding Company Borrower 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. Neither the Borrower nor any Person controlling Subsidiary of the Borrower is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; 1940 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 statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Regulated Entities. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, or any of its Subsidiaries, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . The Borrower 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. Neither Borrower the Borrower, nor any Person controlling Borrower the ------------------ Borrower, nor any Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . Neither the Borrower nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal 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. Neither Borrower nor the Borrower, any Person controlling the Borrower, or any Subsidiary of the Borrower is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.indebtedness;

Regulated Entities. Neither Borrower nor None of the Borrowers, any Person controlling Borrower "controlling" (as such term is defined in the Investment Company Act of 1940) any Borrower, or any Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . No Borrower is 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 or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. Neither Borrower nor any Person controlling The Borrower is an “not (a) a "Investment Company” " within the meaning of the Investment Company Act of 1940; 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. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, or any of its Subsidiaries, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness......................

Regulated Entities. Neither Borrower nor None of the Borrowers, any Person controlling Borrower a Borrower, or any Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . Neither Borrower is 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. Neither the Borrower nor any Person controlling the Borrower is (a) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; 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, Act or any other federal or state statute or regulation thereunder limiting its ability to incur IndebtednessDebt.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the ------------------ Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940; 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. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary thereof, is (a) an “"Investment Company” " within the meaning of the Investment Company Act of 1940; 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. Neither Borrower nor None of the Borrowers or any Person controlling Borrower the Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . None of the Borrowers is 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 Indebtednessindebtedness.

Regulated Entities. Neither Borrower nor None of Borrower, any Person controlling Borrower Borrower, or any Subsidiary of Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower the Borrower, nor any Person controlling Borrower the Borrower, or any of its Subsidiaries, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or subject to regulation under . The Borrower is not a “registered holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended (“PUHCA”), and the Federal Power Act, the Interstate Commerce Act, any state public utilities code, Borrower is not subject under PUHCA or any other federal Federal or state statute or regulation to restrictions limiting its ability to incur Indebtednessthe Obligations.

Regulated Entities. Neither None. of Borrower nor or any Person controlling Borrower Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower nor None of the Borrower, any Person controlling Borrower the Borrower, or any Subsidiary of the Borrower, is (a) an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940; 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. Neither the Borrower nor any Person controlling the Borrower is (i) an “Investment Company” within the meaning of the Investment Company Act of 1940; or (ii) subject to regulation under the Public Utility Holding Company Act of 19351935 other than pursuant to Section 9(a)(2) thereof, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, Act or any other federal or state statute or regulation thereunder limiting its ability to incur IndebtednessDebt.

Regulated Entities. Neither None of Borrower nor any Guarantor or any Person controlling Borrower or Guarantors, is an “Investment Company” within the meaning of the Investment Company Act of 1940; or . Neither Borrower nor any Guarantor is 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. Neither Borrower nor any Person controlling Borrower is an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940; or . 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower nor any Person controlling Borrower Company is (a) an “Investment Company” "investment ------------------ company" within the meaning of the Investment Company Act of 1940; 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 codecodes, or any other federal Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither Borrower nor any Borrower, and no Person controlling Borrower either Borrower, and none of their respective Subsidiaries, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . The 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 or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. Neither No Borrower nor any and no Person controlling any Borrower is an “"Investment Company” " within the meaning of the Investment Company Act of 1940; or . No Borrower is 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 or state statute or regulation limiting its ability to incur Indebtednessindebtedness.