Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. The Borrower is not subject to any regulatory scheme not applicable to corporations generally which restricts its ability to incur debt or would render the Loans void or voidable.
Regulatory Restrictions on Borrowing. The applicable Guarantor is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. The Company is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. No Obligor is an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. None of the Borrowers is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. (a) The Company is not an “investment company” or a company “controlled by” an “investment company” within the meaning of the Investment Company Act of 1940 of the United States, as amended.
(b) The Project will be a “qualifying small power production facility” (a “QF”) within the meaning of Section 3(17)(C) of the Federal Power Act (“FPA”), as amended by the Public Utility Regulatory Policies Act of 1978, as amended, and the rules and regulations promulgated thereunder by FERC, and the Company is eligible for the regulatory exemptions set forth in 18 C.F.R. §§ 292.601(c) (including eligibility for the exemption from regulation under Sections 205 and 206 of the FPA set forth in 292.601(c)(1)) and 292.602(b) and (c).
(c) The Company is not, nor will Ormat be (solely as a result of its execution, delivery or performance of this Agreement or the other Financing Documents or the transactions contemplated thereby, other than the exercise of remedies under the Security Documents except to the extent that, following such exercise of remedies, the Company will remain as the owner and operator of the Project), subject to regulation: (i) respecting the rates of electric utilities or material financial and organizational regulation of electric utilities under the FPA or the Applicable Laws of the State of New Mexico other than, solely with respect to Ormat’s exercise of remedies under the Security Documents, Section 203 of the FPA; or (ii) otherwise as a gas or other regulated utility, however denominated, under Applicable Laws of the United States of America or the State of New Mexico.
Regulatory Restrictions on Borrowing. Neither Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended, a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Regulatory Restrictions on Borrowing. Such Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended. Holdings is a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, but is exempt from regulation thereunder by virtue of Section 3(a)(i) of such Act, except as disclosed in Holding’s SEC filings. Each of O&R and Con Ed is a “subsidiary company” of an exempt “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Regulatory Restrictions on Borrowing. 40 SECTION 4.11. FULL DISCLOSURE . . . . . . . . . . . . . . . . . . . . 40
