Status of Seller. The Seller is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended. The Seller is not subject to regulation as a “holding company”, an “affiliate” of a “holding company”, or a “subsidiary company” of a “holding company”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Status of Seller. Nothing in these Terms and Conditions or any Order or purchase agreement relating to the Products shall create or be construed as creating a partnership, joint venture, a contract of employment or relationship of employer and employee, or a relationship of principal and agent between the Seller and the Company.
Status of Seller. The Seller is not required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Status of Seller. The Seller is not required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940, as amended. The representations and warranties set forth in this Section 2.3(a) shall speak only as of the date hereof and shall survive the sale of the Transaction SUBI hereunder.
Status of Seller. Seller, for purposes of this Agreement and any Transaction, is not a Load Serving Entity and nothing contained herein shall be deemed to cause Seller to be a Load Serving Entity.
Status of Seller. If this Guaranty defines more than one Person as Seller, then any reference to Seller means any one or all of them, whether their liability is joint or several.
Status of Seller. Seller, for purposes of this Agreement and any Transaction, is and shall remain a Load Serving Entity, as defined in PJM Agreements.
Status of Seller. Seller is not a “foreign person” (or an entity disregarded as separate from a “foreign person”) within the meaning of Code Section 1445.
Status of Seller. Seller shall not be in receivership or have made any assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they mature, or have been adjudicated a bankrupt, or have filed or had filed against it either a petition in voluntary bankruptcy or a petition seeking reorganization under the federal bankruptcy law or any other similar law or statute of the United States or any state, which remains outstanding as of the Closing Date.
Status of Seller. Seller is a corporation duly organized, validly existing and in good standing under the laws of Delaware and has the organizational power and authority to own and operate its business as now being conducted.
