Subjection to Government Regulation. Neither the Administrative Agent nor any Participant will become subject to ongoing regulation of its operations by any Governmental Authority solely by reason of entering into the Operative Documents or consummation or performance of the transactions contemplated thereby, except for regulation the applicability of which depends upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Leased Property.
Subjection to Government Regulation. (i) Lessee is not subject to regulation under any law which prohibits, or requires consent from any Authority prior to, the incurring by it of indebtedness or the entering into of the transactions described herein.
Subjection to Government Regulation. Except in the case of the ownership of, or the holding of an interest in, a System pursuant to the exercise of remedies under the Lease, none of Certificate Trustee, either Agent or any Participant will become subject to ongoing regulation of its operations by a Governmental Authority solely by reason of entering into the Operative Documents or the consummation of the transactions contemplated thereby.
Subjection to Government Regulation. To the Lessee’s Actual Knowledge, none of the Lessor, the Agents or any Participant shall be required to, solely by reason of entering into the Operative Documents or consummating any of the transactions contemplated thereby (other than upon the exercise by such Person of remedies under the Operative Documents), perform in its own capacity or on behalf of any other Person any obligations, instructions or other duties imposed by an Authority (except with respect to bank regulations or, if such Person shall have assumed operational control of the Leased Property, operating permit requirements for the Leased Property) as long as the Lessee is not in breach of any of the Operative Documents. The Lessee is not a “covered fund” under Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (12 U.S.C. § 1851). (t)
Subjection to Government Regulation. None of Administrative Agent, Lessor nor any Lender will become (i) solely by reason of entering into the Operative Documents or consummation of the transactions contemplated thereby (other than upon exercise of remedies under the Lease or upon the expiration thereof), subject to ongoing regulation of its operations by any Authority having jurisdiction solely by reason of any of Lessee's business activities or the nature of the Properties; or (ii) except for regulation the applicability of which depends upon the existence of facts in addition to the ownership of, or the holding of any interest in, the Properties or any interest therein upon the exercise of remedies under the Lease or upon the expiration thereof, subject to ongoing regulation of its operations by any Authority having jurisdiction solely by reason of any of Lessee's business activities or the nature of the Properties.
Subjection to Government Regulation. Neither Agent, Certificate Trustee nor any Participant will, solely by reason of entering into the Operative Documents or consummating the transactions contemplated thereby, become subject to ongoing regulation of its operations by any Governmental Authority or be required to qualify to do business in any jurisdiction.
Subjection to Government Regulation. As of the Closing Date, to the Lessee’s knowledge neither Collateral Agent nor any Participant will, solely by reason of entering into the Operative Documents or consummating the transactions contemplated thereby, (i) become subject to ongoing regulation of its operations by any Governmental Authority; or (ii) become subject to ongoing regulation of its operations by any Governmental Authority upon exercise of remedies (other than the operation of the Subject Property) under the Operative Documents or upon the expiration thereof; or (iii) be required to qualify to do business in any jurisdiction.
Subjection to Government Regulation. No Creditor will (i) solely by reason of entering into the Operative Documents or consummating the transactions contemplated thereby (other than upon exercise of remedies under this Agreement and the other Operative Documents), (x) become subject to ongoing regulation of its operations by any Governmental Agency or (y) be required to qualify to do business in any jurisdiction in which the Equipment is located; or (ii) become subject to ongoing regulation of its operations by any Governmental Agency upon exercise of remedies under this Agreement and the other Operative Documents or upon the expiration hereof due solely to ownership of the Equipment or the holding of any interest therein (except in the case of the ownership of, or the holding of an interest in, any Gaming Equipment following the exercise of remedies under this Agreement or any other Operative Document, and except for regulation the applicability of which depends on the existence of facts in addition to the ownership of the Equipment or the holding of any interest therein).
Subjection to Government Regulation. (i) The Construction Agent is not subject to regulation under any law which prohibits, or requires consent from any Governmental Authority prior to, the incurring by it of Indebtedness or the entering into of the transactions described herein.
Subjection to Government Regulation. None of Administrative Agent, Lessor, or any Participant will become subject to ongoing regulation (other than banking or insurance regulations) of its operations by any Governmental Authority solely by reason of entering into the Operative Agreements or (subject to the proviso in the next sentence) consummation or performance of the transactions contemplated thereby, except for regulation the applicability of which depends upon the existence of facts in addition to the ownership of, or the holding of any interest in, any Asset. Without limiting the foregoing, none of Lessor, Administrative Agent, Lessee or any Participant solely as a result of execution and delivery of the Operative Agreements or the performance or consummation of the transactions contemplated therein shall be or become (i) subject to regulation as a "holding company" or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company" within the meaning of PUHCA, (ii) subject to regulation as a "public utility," a "transmitting utility," or an "electric utility" within the meaning of the FPA, or (iii) subject to regulation under State Utility Law, provided that (i) the Lessor, Administrative Agent, Lessee and each Certificate Holder either obtains status as an "exempt wholesale generator" under PUHCA or receives a "No-Action letter" from the staff of the Securities and Exchange Commission confirming that such entity will not be considered a "public-utility company" under PUHCA, and (ii) the FERC issues a declaratory ruling that the Lessor, Administrative Agent and each Certificate Holder will not become subject to regulation as a "public utility" under the Federal Power Act by reason of entering into the Operative Agreements or consummation or performance of the transactions contemplated thereby, in each case prior to the commencement of sales of electricity from any Asset. Lessee will cooperate with Lessor, Administrative Agent and each Certificate Holder in order to enable each of them promptly, but in no event later than 30 days from the date hereof, to file either an application for "exempt wholesale generator" status with the FERC or a request for a "No-Action letter" from the staff of the Securities and Exchange Commission. Lessee will not be subject to regulation under State Utility Law, other than any such regulation that would not have a Material Adverse Effect.
