Common use of State and Federal Regulations Clause in Contracts

State and Federal Regulations. (a) Neither any Loan Party nor any of its Restricted Subsidiaries is a “natural gas company” under the Natural Gas Act. Neither the Pipeline System nor any portion of the Pipeline System is used for the transportation of natural gas in interstate commerce as contemplated in the Natural Gas Act or the Natural Gas Policy Act, and neither the Pipeline System nor any portion of the Pipeline System operates as an interstate common carrier as contemplated in the Interstate Commerce Act and the Energy Policy Act. (b) Each Loan Party and each of its Restricted Subsidiaries that owns pipelines and conducts pipeline operations has followed prudent practice in the hydrocarbon transportation, processing and distribution industries, as applicable. No Loan Party nor any of its Restricted Subsidiaries that owns any interest in the Pipeline System has been or is the subject of a complaint, investigation or other proceeding by any Governmental Authority regarding its respective rates or practices with respect to the Pipeline System. (c) As of the Closing Date, no Loan Party nor any of its Restricted Subsidiaries is liable for any refunds or interest thereon as a result of an order from any state regulatory agency with jurisdiction over its Terminals. (d) Without limiting the generality of Section 4.1, except as set forth on Schedule 4.21, as of the Closing Date no certificate, license, permit, consent, authorization or order (to the extent not otherwise obtained) is required by any Loan Party or any of its Restricted Subsidiaries from any Governmental Authority to own, operate and maintain its Terminals, or to transport, process and/or distribute hydrocarbons under existing contracts and agreements as its Terminals are presently being owned, operated and maintained.

State and Federal Regulations. (a) Neither any Loan Party nor any of its Restricted Subsidiaries is a “natural gas company” under the Natural Gas Act. Neither the Pipeline System nor any portion of the Pipeline System is used for the transportation of natural gas in interstate commerce as contemplated in the Natural Gas Act or the Natural Gas Policy Act, and neither the Pipeline System nor any portion of the Pipeline System operates as an interstate common carrier as contemplated in the Interstate Commerce Act and the Energy Policy Act. (b) Each Loan Party and each of its Restricted Subsidiaries that owns pipelines and conducts pipeline operations has (with respect to the Joliet Subsidiaries prior to the JBBR Acquisition Effective Date, to the knowledge of the Loan Parties) followed prudent practice in the hydrocarbon transportation, processing and distribution industries, as applicable, other than as disclosed pursuant to the JBBR Acquisition Agreement. No Loan Party nor any of its Restricted Subsidiaries that owns any interest in the Pipeline System has been or is the subject of a complaint, investigation or other proceeding by any Governmental Authority regarding its respective rates or practices with respect to the Pipeline System. (c) As of the Closing Date, no Loan Party nor any of its Restricted Subsidiaries is liable for any refunds or interest thereon as a result of an order from any state regulatory agency with jurisdiction over its Terminals. (d) Without limiting the generality of Section 4.1, except as set forth on Schedule 4.21, as of the Closing Date no certificate, license, permit, consent, authorization or order (to the extent not otherwise obtained) is required by any Loan Party or any of its Restricted Subsidiaries from any Governmental Authority to own, operate and maintain its Terminals, or to transport, process and/or distribute hydrocarbons under existing contracts and agreements as its Terminals are presently being owned, operated and maintained.

State and Federal Regulations. (a) Neither any Loan Party nor any of its Restricted Subsidiaries is a “natural gas company” under the Natural Gas Act. Neither the Pipeline System nor any portion of the Pipeline System is used for the transportation of natural gas in interstate commerce as contemplated in the Natural Gas Act or the Natural Gas Policy Act, and neither the Pipeline System nor any portion of the Pipeline System operates as an interstate common carrier as contemplated in the Interstate Commerce Act and the Energy Policy Act. (b) Each Loan Party and each of its Restricted Subsidiaries that owns pipelines and conducts pipeline operations has (with respect to the Joliet Subsidiaries prior to the JBBR Acquisition Effective Date, to the knowledge of the Loan Parties) followed prudent practice in the hydrocarbon transportation, processing and distribution industries, as applicable, other than as disclosed pursuant to the JBBR Acquisition Agreement. No Loan Party nor any of its Restricted Subsidiaries that owns any interest in the Pipeline System has been or is the subject of a complaint, investigation or other proceeding by any Governmental Authority regarding its respective rates or practices with respect to the Pipeline System. (c) As of the Closing Date, no Loan Party nor any of its Restricted Subsidiaries is liable for any refunds or interest thereon as a result of an order from any state regulatory agency with jurisdiction over its Terminals. (d) Without limiting the generality of Section 4.1, except as set forth on Schedule 4.21, as of the Closing Date or, after the occurrence thereof, the JBBR Acquisition Effective Date no certificate, license, permit, consent, authorization or order (to the extent not otherwise obtained) is required by any Loan Party or any of its Restricted Subsidiaries from any Governmental Authority to own, operate and maintain its Terminals, or to transport, process and/or distribute hydrocarbons under existing contracts and agreements as its Terminals are presently being owned, operated and maintained.