Regulatory Matters; Permits. (a) Each of the Company and its Subsidiaries holds all licenses, permits, franchises, variances, registrations, exemptions, Orders and other governmental authorizations, consents, approvals and clearances with, and has submitted notices to, all Governmental Entities necessary for the lawful operating of the businesses of the Company or any of its Subsidiaries as currently conducted (the “Company Permits”), and to the Company’s Knowledge all such Company Permits are valid, and in full force and effect. Since January 1, 2013, there has not occurred any violation of, default (with or without notice or lapse of time or both) under, or event giving to others any right of termination, amendment or cancellation of, with or without notice or lapse of time or both, any Company Permit. The Company and each of its Subsidiaries are in compliance in all material respects with the terms of all Company Permits, and no event has occurred that would reasonably be expected to result in the revocation, cancellation, non-renewal or adverse modification of any Company Permit.
Regulatory Matters; Permits. (a) Each of Parent and its Subsidiaries holds all material licenses, permits, franchises, variances, registrations, exemptions, Orders and other governmental authorizations, consents, approvals and clearances with, and has submitted notices to, all Governmental Entities necessary for the lawful operating of the businesses of Parent or any of its Subsidiaries as currently conducted (the “Parent Permits”), and to Parent’s Knowledge all such Parent Permits are valid, and in full force and effect. Since January 1, 2013, there has not occurred any violation of, default (with or without notice or lapse of time or both) under, or event giving to others any right of termination, amendment or cancellation of, with or without notice or lapse of time or both, any Parent Permit. Parent and each of its Subsidiaries are in compliance in all material respects with the terms of all Parent Permits, and no event has occurred that would reasonably be expected to result in the revocation, cancellation, non-renewal or adverse modification of any Parent Permit.
Regulatory Matters; Permits. (a) Neither the Company nor any of its Subsidiaries is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder or (ii) a “holding company,” a “subsidiary company” of a “holding company,” an “affiliate” of a “holding company,” a “public utility” or a “public-utility company,” as each such term is defined in the Public Utility Holding Company Act of 2005. All natural gas pipeline systems and related facilities constituting the Company’s or any of its Subsidiaries’ properties are (A) “gathering facilities” that are exempt from regulation by the Federal Energy Regulatory Commission (“FERC”) under the Natural Gas Act of 1938, as amended; and (B) not subject to rate regulation or comprehensive nondiscriminatory access regulation under the laws of any state or other local jurisdiction.
Regulatory Matters; Permits. (a) All of the material Permits that are necessary for the operation of the Business as currently conducted and the ownership of the Purchased Assets are held by the Sellers, and to the Knowledge of Sellers, by Employees, as applicable, in full force and effect (collectively, the “Material Permits”). Section 5.9(a) of the Seller Disclosure Schedule sets forth a true, complete and correct list of all Material Permits held by the Sellers as of the Execution Date and identifies the holder thereof.
Regulatory Matters; Permits. The REIT and each of its Subsidiaries is in possession of, and in compliance with, all material authorizations, licenses, permits, of any Governmental Authority and accreditation and certification agencies, bodies or other organizations, including building permits and certificates of occupancy, necessary for the REIT and each of its Subsidiaries to own the Properties or to carry on its respective business substantially as it is being conducted as of the date hereof in all material respects (the “Permits”) and all such Permits are valid and in full force and effect. All applications required to have been filed for the renewal of the Permits have been duly filed on a timely basis with the appropriate Governmental Authority (and there is no basis for believing that such Permit will not be renewable upon expiration), and all other filings required to have been made with respect to such Permits have been duly made on a timely basis with the appropriate Governmental Authority. Neither the REIT nor any of its Subsidiaries has received any claim or notice nor has any knowledge indicating that the REIT or any of its Subsidiaries is currently not in compliance with the terms of any such Permits. All of such Permits will be available for use by the REIT or its Subsidiaries immediately after the Closing.
Regulatory Matters; Permits. (a) All of the Permits that are necessary for the ownership of the FSNA Purchased Assets are held by FSNA and are in full force and effect (collectively, the “FSNA Permits”). Section 6.6(a) of the FSNA Disclosure Schedule sets forth a true, complete and correct list of all FSNA Permits held by FSNA as of the Execution Date and identifies the holder thereof.
Regulatory Matters; Permits. (a) All of the Permits that are necessary for the operation of the Business as currently conducted and the ownership of the Purchased Assets are held by the Sellers or the Xxxxxxxx Islands Subsidiaries in full force and effect (collectively, the “Permits”). Schedule 4.10 of the Disclosure Schedule sets forth a true, complete and correct list of all material Permits held by the Sellers or the Xxxxxxxx Islands Subsidiaries as of the Execution Date (collectively, the “Material Permits”), categorized as relating to the Domestic Business or International Business.
Regulatory Matters; Permits. To Sellers’ Knowledge, all of the Permits that are necessary for the operation of the Business as currently conducted and the ownership of the Purchased Assets are held by the Sellers, and to the Knowledge of Sellers, by Employees, as applicable, and each such permit is in full force and effect.
Regulatory Matters; Permits. The Purchased Entity and each Indirect Purchased Entity and each Other Facility Seller (as it relates to the Other Facilities) is in possession of, and in compliance with, all material authorizations, licenses, permits, certificates of need, billing privileges, certificates, approvals, variances, exemptions, orders, franchises, certifications and clearances of any Governmental Authority and accreditation and certification agencies, bodies or other organizations, including building permits and certificates of occupancy, necessary for the Purchased Entity and each Indirect Purchased Entity and each Other Facility Seller (as it relates to the Other Facilities) to own, lease and, to the extent applicable, operate the Facilities, bxxx the Government Programs and any other payment programs for services or to carry on its respective business substantially as it is being conducted as of the date hereof in all material respects (the “Permits”) and all such Permits are valid and in full force and effect. All applications required to have been filed for the renewal of the Permits have been duly filed on a timely basis with the appropriate Governmental Authority (and there is no basis for believing that such Permit will not be renewable upon expiration), and all other filings required to have been made with respect to such Permits have been duly made on a timely basis with the appropriate Governmental Authority. Neither the Seller, the Purchased Entity nor any Indirect Purchased Entity nor any Other Facility Seller has received any claim or notice nor has any Knowledge indicating that the Purchased Entity or any Indirect Purchased Entity or Other Facility Seller is currently not in compliance with the terms of any such Permits. All of such Permits will be available for use by the Purchased Entity or the Indirect Purchased Entities or by the Other Facility Seller, as applicable, immediately after the Closing.
Regulatory Matters; Permits. (a) Sellers possess all material Permits that are necessary for the lawful operation of the Business as currently conducted and the ownership and use of the Purchased Assets (and the same are listed on Section 5.9 of the Seller Disclosure Schedule) (collectively, the “Material Permits”).
