Common use of State Regulatory Authority Clause in Contracts

State Regulatory Authority. The Borrower shall, and shall cause its Subsidiaries to, not knowingly take any action or permit the Borrower or any of its Subsidiaries to take any action which could cause the Borrower's or any of its Subsidiaries' Business which is not already so regulated or treated to be (a) regulated as a "utility", "public utility" or a "gas utility" by any State Pipeline Regulatory Agency; (b) deemed to be providing any service that would require the prior approval of any State Pipeline Regulatory Agency in order to discontinue or abandon such service; (c) within the meaning of the regulations of any State Pipeline Regulatory Agency be deemed to be (i) charging a "residential rate" or "commercial rate", or (ii) providing "gas utility service to residential and small commercial customers" (within the meaning of Section 7.45 of the Rules of the Railroad Commission of Texas); or (d) subject to FERC jurisdiction.

State Regulatory Authority. The Borrower shall, and shall cause its Subsidiaries to, not knowingly take any action or permit the Borrower or any of its Subsidiaries to take any action which could cause the Borrower's ’s or any of its Subsidiaries' ’ Business which is not already so regulated or treated to be (a) regulated as a "“utility"”, "“public utility" ” or a "“gas utility" ” by any State Pipeline Regulatory Agency; (b) deemed to be providing any service that would require the prior approval of any State Pipeline Regulatory Agency in order to discontinue or abandon such service; (c) within the meaning of the regulations of any State Pipeline Regulatory Agency be deemed to be (i) charging a "“residential rate" ” or "“commercial rate"”, or (ii) providing "“gas utility service to residential and small commercial customers" ” (within the meaning of Section 7.45 of the Rules of the Railroad Commission of Texas); or (d) subject to FERC jurisdiction.