EWG Status. Nothing in this Agreement shall require Generator to take any action that could result in its inability to obtain, or its loss of, status as an Exempt Wholesale Generator within the meaning of the Public Utility Holding Company Act of 1935, as amended.
EWG Status. The Lessee shall maintain its status as an EWG (as defined in PUHCA).
EWG Status. The Issuer will take, or cause to be taken, all action required to maintain the Guarantors' status as "exempt wholesale generators" under Section 32(a)
EWG Status. Xxxxx City is an "exempt wholesale generator" under PUHCA. The Facility is interconnected with the high voltage network and has access to transmission services and ancillary services to sell wholesale electric power. Xxxxx City has the authority to sell wholesale electric power at market-based rates.
EWG Status. On or before the Closing Date, SEMA will be an "exempt wholesale generator" under PUHCA, will be interconnected with the high voltage network and will have access to transmission services and ancillary services to sell wholesale electric power, and will have the authority to sell wholesale electric power at market-based rates.
EWG Status. The Borrower will take, or cause to be taken, all action required to maintain its and each Guarantor's status as an "exempt wholesale generator" under Section 32(a) of PUHCA.
EWG Status. Seller is an “exempt wholesale generator” and Xxxxx County Station is an “eligible facility,” each within the meaning of Section 32(a) of the Public Utility Holding Company Act of 1935.
EWG Status. Seller is an “exempt wholesale generator” and Madison Station is an “eligible facility,” each within the meaning of Section 32(a) of the Public Utility Holding Company Act of 1935.
EWG Status. The Company was determined by FERC to be an exempt wholesale generator within the meaning of Section 32 of the Public Utility Holding Company Act of 1935, as amended, (an “EWG”) by orders dated December 21, 1998, and February 2, Purchase and Sale Agreement 2000, in Docket Nos. EG99-15-000 and EG00-59-000, respectively. The Facility and the Company have met, and through the Closing Date will continue to meet, all applicable requirements, and has made all necessary filings, for the maintenance of EWG status.
EWG Status. The Company shall maintain its status as an EWG, unless failure to do so could not reasonably be expected to result in a Material Adverse Effect in which case the Company shall have notified the Agent to such effect.
