Common use of Status under Certain Statutes Clause in Contracts

Status under Certain Statutes. The Company is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or an “affiliated person” of an “investment company” or an “affiliated person” of such “affiliated person” or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended, and shall not become such an “investment company” or such an “affiliated person” or under such “control.” The Company is not a “holding company” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 2005, as amended. Based upon the immediately preceding sentence, neither the Company nor the issue and sale of the Notes or the issuance of the First Mortgage Bonds pursuant to the Supplemental Indenture is subject to regulation under the Public Utility Holding Company Act of 2005, as amended. The Company is not subject to the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Company is not subject to any Federal or state statute or regulation limiting its ability to incur Debt except for rules and regulations of the New Jersey Board of Public Utilities.

Status under Certain Statutes. The Neither the Company nor any Subsidiary is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or an “affiliated person” of an “investment company” or an “affiliated person” of such “affiliated person” or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended, and shall not become such an “investment company” or such an “affiliated person” or under such “control.” The Neither the Company nor any Subsidiary is not a “holding company” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 2005, as amended. Based upon the immediately preceding sentence, neither the Company nor the issue and sale of the Notes or the issuance of the First Mortgage Bonds pursuant to the Supplemental Indenture is subject to regulation under the Public Utility Holding Company Act of 2005, as amended. The Neither the Company nor any Subsidiary is not subject to the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Neither the Company nor any Subsidiary is not subject to any Federal or state statute or regulation limiting its ability to incur Debt except for rules and regulations of the New Jersey Board of Public Utilities.

Status under Certain Statutes. The Company is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or an “affiliated person” of an “investment company” or an “affiliated person” of such “affiliated person” or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended, and shall not become such an “investment company” or such an “affiliated person” or under such “control.” The Company is not a “holding company” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 2005, as amended. Based upon the immediately preceding sentence, neither the Company nor the issue and sale of the Notes or the issuance of the First Mortgage Bonds pursuant to the Supplemental Indenture Indentures is subject to regulation under the Public Utility Holding Company Act of 2005, as amended. The Company is not subject to the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Company is not subject to any Federal or state statute or regulation limiting its ability to incur Debt except for rules and regulations of the New Jersey Board of Public Utilities.

Status under Certain Statutes. The Neither the Company nor any Subsidiary is not an “"investment company” " registered or required to be registered under the Investment Company Act of 1940 or an “"affiliated person” " of an “"investment company” " or an “"affiliated person” " of such “"affiliated person” " or under the “"control” " of an “"investment company” " as such terms are defined in the Investment Company Act of 1940, as amended, and shall not become such an “"investment company” " or such an “"affiliated person” " or under such “"control.” The " Neither the Company nor any Subsidiary is not a “"holding company” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company” " within the meaning of the Public Utility Holding Company Act of 20051935, as amended. Based upon the immediately preceding sentence, neither the Company nor the issue and sale of the Notes or the issuance of the First Mortgage Bonds pursuant to the Supplemental Indenture is subject to regulation under the Public Utility Holding Company Act of 20051935, as amended. The Neither the Company nor any Subsidiary is not subject to the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Neither the Company nor any Subsidiary is not subject to any Federal or state statute or regulation limiting its ability to incur Debt except for rules and regulations of the New Jersey Board of Public UtilitiesDebt.