Regulation of Parties. The Borrower is not nor will it be, solely as a result of its participation in the transactions contemplated hereby or by any other Project Document, or as a result of the ownership, use or operation of the Facility, subject to regulation by any Governmental Instrumentality of the United States as a "public utility," an "electric utility," an "electric utility holding company" or a "public utility holding company." The Borrower is not subject to regulation as a "subsidiary company" or an "affiliate" of a "holding company" under (and as defined in) PUHCA.
Regulation of Parties. Take any action which could reasonably be expected to result in (a) the Borrower being subject to regulation by any Governmental Instrumentality of the United States as a "public utility," an "electric utility," an "electric utility holding company" or a "public utility holding company", (b) the Borrower being subject to regulation as a "subsidiary company" or an "affiliate" of a "holding company" under (and as defined in) PUHCA or (c) any Person who by reason of its or their ownership or operation of the Facility upon the exercise of remedies hereunder or under the Guarantees, being subject to regulation by any Governmental Instrumentality of the United States as a "public utility," an "electric utility," an "electric utility holding company" or a "holding company" or a subsidiary or Affiliate of any of the foregoing under any Legal Requirement of the United States (including, without limitation, PUHCA and the FPA).
Regulation of Parties. None of the Investors shall, solely by reason of its ownership or operation of the Project, be subject to regulation as a PUHCA Holding Company that is not entitled to the exemptions and waivers set forth in 18 C.F.R.§366.3, and other than as a result of the Non-Sponsor Investor Status.
Regulation of Parties. The Borrower is not subject to the Public Utility Holding Company Act. None of the Credit Parties shall by reason if its ownership or operation of the Project upon the exercise of remedies under the Security Documents be subject to the Public Utility Holding Company Act.
Regulation of Parties. None of the Borrower, its Affiliates nor any of the Secured Parties or Eximbank is or will be, solely as a result of the participation by such parties separately or as a group in the transactions contemplated hereby or by any other Project Document, or as a result of the ownership, use or operation of the Project, subject to regulation by any Governmental Authority of the United States as a "public utility", an "electric utility holding company", a "public utility holding company", a "holding company", or an "electrical corporation" or a subsidiary or affiliate of any of the foregoing under any Applicable Law of the United States (including, without limitation, PUHCA and FPA) or by any Governmental Authority of the Republic as a "public utility" under any Applicable Law of the Republic. So long as the owner and operator of the Project is an "exempt wholesale generator" under Section 32 of PUHCA or a "foreign utility company" under Section 33 of PUHCA, none of the Secured Parties will by reason of its or their ownership or operation of the Project upon the exercise or remedies under the Security Documents be subject to regulation by any Governmental Authority of the United States as a "public utility", an "electric utility", an "electric utility holding company", a "holding company", or an "electric corporation" or a subsidiary or affiliate of any of the foregoing under any Applicable Law of the United States (including, without limitation, PUHCA and FPA).
Regulation of Parties. None of Borrower, its Affiliates nor any of the Secured Parties is or will be, solely as a result of the participation by such parties separately or as a group in the transactions contemplated hereby or by any other Loan Instrument or any Project Document, or by the ownership, use or operation of the Facilities be subject to regulation by any Governmental Authority as an “electric utility company”, an “electric utility holding company”, a “public utility,” an “electric utility” or an “electrical corporation” or a subsidiary or affiliate of any of the foregoing under any Governmental Requirements (including, without limitation, PUHCA and the FPA), except for the Borrower as a “public utility” under any state Law or the FPA which holds, and which complies with, the requirements for wholesale sales of capacity and energy or MBR Authority (or both). Borrower was granted, on September 27, 1990, a certificate of public convenience and necessity (the “Certificate”) pursuant to G.S. § 62-1101(f) and Rule R1-37 of the North Carolina Utilities Commission (“NCUC”), On July 26, 1993 Borrower filed with the NCUC a notice of amended information relating to the Borrower’s status as an EWG (“Notice”). Such Notice was accepted by the NCUC without modification of the Certificate on October 13, 1993. Such Certificate and the Notice complies in all respects with North Carolina law and regulations, is final and is not subject to appeal, and is in all respects in full force and effect and good standing. There is no complaint or administrative proceeding pending as to such Certificate as of the date hereof, and Borrower is not aware of any facts or circumstances which might give rise to a complaint or administrative proceeding in the future. No other approval is required from the NCUC in connection with any of the transactions contemplated hereby or by any other Loan Instrument or by any Project Document or Bond Document, including as a direct or indirect result of the aforesaid sale of the capital stock of WEI. None of Borrower, its Affiliates nor any of the Secured Parties is or will be, solely as a result of the participation by such parties separately or as a group in the transactions contemplated hereby or by any other Loan Instrument or any Project Document or Bond Document, or by the ownership, use or operation of the Rova I Facility or the Rova II Facility, subject to the jurisdiction of the NCUC or otherwise be subject to regulation, including without limitation, in res...
Regulation of Parties. None of the Borrower, its Affiliates or the Lender is or will be, solely as a result of the participation by such parties separately or as a group in the transactions contemplated hereby or by any other Project Document, or as a result of the ownership, use or operation of the Project, subject to regulation by any Governmental Authority of the United States as a "public utility", an "electric utility", an "electric utility holding company", a "public utility holding company", a "holding company", or an "electrical corporation" or a subsidiary or affiliate of any of the foregoing under any Applicable Law of the United States (including, without limitation, PUHCA) or by any Governmental Authority of Nicaragua as a "public utility" under any Applicable Law of Nicaragua. The Borrower is not a holding company organized under the laws of the United States or the District of Columbia. Neither the Borrower nor its Affiliates owns any utility assets located within any state of the United States or the District of Columbia.
Regulation of Parties. Take or cause to be taken any actions that could reasonably be expected to result in either (a) any Project Company losing its FERC authorization to sell energy, capacity or ancillary services at market-based rates or failing to maintain its EWG status, or (b) Administrative Agent, LC Fronting Bank, Depositary, the Lenders or any “affiliate” (as that term is defined in PUHCA) of any of them, solely as a result of any Noble Entity’s actions relating to the ownership, leasing or operation of any Project, the sale of electricity therefrom or the entering into any Operative Document or any transaction contemplated hereby or thereby, becoming subject to regulation under PUHCA or the FPA.
Regulation of Parties. 82 SECTION 4.14
Regulation of Parties. The Borrower is not nor will it be, solely as a result of its participation in the transactions contemplated hereby or by any other Facility Document, subject to regulation by any Governmental Instrumentality of the United States as a "public utility," an "electric utility," an "electric utility holding company" or a "public utility holding company." The Borrower is not subject to regulation as a "subsidiary company" or an "affiliate" of a "holding company" under (and as defined in) PUHCA.
