Utility Status. Neither the Seller, MidCon nor any of its Significant Subsidiaries is a "Holding Company" or a "Public Utility Company" or a "Gas Utility Company" as those terms are defined in the PUHCA.
Utility Status. The Lessee will not take any action that would result in the Owner Lessor or any Participant being subject to any utility regulation.
Utility Status. Triton is not (i) an "investment company," or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company,"
Utility Status. None of the Atlas Entities are (i) an "investment company," or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company,"
Utility Status. 5 2.6 Waiver by the MidCon ESOP Trust.............................. 5 2.7
Utility Status. Assuming the correctness of Lessee’s representations in paragraphs 9.1.5 and 9.1.13 of the Existing Participation Agreement (for purposes of this representation without taking into account the exceptions stated in clauses (i) and (iv) of said subsection 9.1.5 as such exceptions relate to Governmental Actions required by or with respect to Owner Participant or any Affiliate thereof) and in Section 7.07 hereof (for purposes of this representation without assuming the correctness of any representation, action or fact by or relating to Owner Participant or any Affiliate thereof referred to therein) and in Section 7.05 hereof (without, for purposes of this representation, taking into account the exceptions stated in clauses (i) or (iv) of said Section 7.05 as such exceptions relate to Governmental Actions required by or with respect to Owner Participant or any Affiliate thereof), none of Owner Participant or its Affiliates is:
Utility Status. Neither the Buyer nor any of its Subsidiaries is a "Holding Company" or a "Public Utility Company" or a "Gas Utility Company" as those terms are defined in the PUHCA.
Utility Status. Neither Seller nor any of its members or Affiliates is
Utility Status. Neither Buyer nor any of its members or Affiliates is (a) (i) a "public utility company" or a "holding company" or (ii) a "subsidiary company", "affiliate" or "associate company" of a "public utility company or "holding company", all within the meaning of PUHCA;
Utility Status. NSP is a "holding company" as such term is defined in the Public Utility Holding Company Act of 1935, as amended, but is exempt from all provisions of such Act, except Section 9(a)(2) thereof (relating to the acquisition of securities of a "public utility company"), because of its status as predominantly an operating company whose utility operations are confined to the state of its incorporation and states contiguous thereto and its filing with the Securities and Exchange Commission of all required forms in connection therewith. Neither NRG, the Company nor the Manager is (i) a "holding company", or, in each case with the exception of its relationship with NSP, a "subsidiary company" of a "holding company," 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 1935, as amended, (ii) a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or the Federal Power Act, as amended, or (iii) otherwise subject to regulation as a public utility under federal law or the law of the State of Minnesota.
