Exempt Wholesale Generator Status. The Project Company shall have filed a notice of self-certification of status as an Exempt Wholesale Generator with FERC in compliance with 18 C.F.R.§ 366.7, and the notice shall have been deemed to be effective, as provided therein.
Exempt Wholesale Generator Status. Each of the Partners shall exercise their good faith efforts to cooperate and take such actions as may be reasonably necessary to cause the Partnership to obtain the status of an Exempt Wholesale Generator pursuant to the rules and regulations of the Federal Energy Regulatory Commission; provided that no Partner shall be obligated to take any action to cause the Partnership to obtain Exempt Wholesale Generator status pursuant to this Section 12.8 if, in the reasonable judgment of such Partner, such action could reasonably be expected to cause a material adverse change in the condition (financial or otherwise), results of operations, Business, properties or prospects of the Partnership.
Exempt Wholesale Generator Status. Xxxxx XX is, and has been determined by order of the FERC to be, an EWG, and neither such order nor Genco LP's status as an EWG under PUHCA is the subject of any pending or, to the knowledge of the Companies, threatened judicial or administrative proceeding to revoke or modify such
Exempt Wholesale Generator Status. 1734 1735 Should any entity to whom PSNH sells its generating assets be qualified to seek 1736 Exempt Wholesale Generator status under §32 of the Public Utility Holding Company Act of 1737 1935 and other federal law, rules and regulations, the Parties agree that they will support the 1738 purchaser's efforts to obtain any necessary approvals and findings from the PUC. 1739 1740
Exempt Wholesale Generator Status. Should any entity to whom PSNH sells its generating assets desire to seek Exempt Wholesale Generator status, the Settling Parties agree that they will support the purchaser's efforts to obtain any necessary approvals and findings from the Commission and/or FERC, as applicable.
Exempt Wholesale Generator Status. Each of Texas Gxxxx, XX (“Gxxxx XX”) and Texas Genco II, LP (“Genco II LP”) is, and has been determined by order of the Federal Energy Regulatory Commission (“FERC”) to be, an Exempt Wholesale Generator (“EWG”), and neither such order nor Genco LP’s or Genco II LP’s status as an EWG under PUHCA is the subject of any pending or, to the knowledge of the Companies, threatened judicial or administrative proceeding to revoke or modify such status. To the knowledge of the Companies, there are no facts that are reasonably likely to cause either Gxxxx XX or Gxxxx II LP to lose its status as an EWG under PUHCA.
Exempt Wholesale Generator Status. Each of Buyer’s “affiliates” (as defined under PUHCA) that is, or otherwise would be, considered a “public-utility company” under PUHCA either (i) has been determined by order of the FERC to be an EWG, (ii) has made a good faith filing for FUCO status under PUHCA, or (iii) is exempt from PUHCA as a result of its ownership or operation of one or more “qualifying facilities” (“QFs”) as defined under the Public Utility Regulatory Policies Act of 1978, and neither such order nor such affiliate’s status as an EWG, FUCO or owner or operator of a QF (or the filings necessary to maintain such status) are subject of any pending or, to the knowledge of the Buyer, threatened judicial or administrative proceeding to revoke or modify such status. To the knowledge of the Buyer, there are no facts that are reasonably likely to cause any such affiliate to lose its status as an EWG, FUCO or owner or operator of a QF.
Exempt Wholesale Generator Status. Promptly following entry of the Approval Order (as hereinafter defined), Seller will file with the Federal Energy Regulatory Commission ("FERC") an appropriate application for determination that Seller is an "exempt wholesale generator" ("EWG") under Section 32(a)(1) of the Public Utility Holding Company Act of 1935, as amended, and the regulations of the FERC thereunder. If requested by Seller, JCP&L shall, at no cost to JCP&L, use reasonable efforts to support Seller's filing with the FERC for approval of the rates provided in the Agreement. In the event the FERC grants Seller's application, Seller shall have no further obligation under the Agreement, as further amended by this Third Amendment, to maintain the Facility as a Qualifying Facility for so long as Seller maintains EWG
Exempt Wholesale Generator Status. Not later than 120 days after the Document Closing Date hereof Lessee shall have (i) caused (x) the Lessor, Administrative Agent, Lessee and each Certificate Holder to either obtain status as an "exempt wholesale generator" under PUHCA or receive 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 (y) the FERC to issue 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 (including any Unit at an Equipment Site), and (ii) provided an officer's certificate that the foregoing requirements have been satisfied and an opinion of counsel in form and substance reasonably acceptable to the Administrative Agent with respect to the foregoing matters and that no other approvals are required under the Federal Power Act or PUHCA for the consummation or performance of the transactions contemplated under the Operative Agreements. Once obtained, Lessee will not take any action that would adversely affect the ability of the Lessor to maintain either "exempt wholesale generator" status or exemption from the provisions of PUHCA, and Lessee shall, pursuant to Section 8.2(f), apply for "exempt wholesale status" and shall maintain either such status during the remaining term of the Lease unless Lessee obtains a "No-Action letter" from the staff of the Securities and Exchange Commission, or other assurances reasonably acceptable to the Administrative Agent, that the failure of the Lessee to maintain either of such status would not subject the Trust, Lessor, the Administrative Agent or any Participant to regulation as (1) a "holding company", or an "affiliate" or a "subsidiary company" of a "holding company". Lessee will not take any action that would subject the Trust, Lessor, Administrative Agent or any Participant or regulation as (1) a "public utility", a "transmitting utility", or an "electric utility" within the meaning of the FPA or (2) under State Utility Law. Lessee shall cause (i) each permitted sublessee, assign and operator to obtain and maintain "exempt wholesale generator" status during the term of the Lease unless (a) such subl...
Exempt Wholesale Generator Status. TXU Energy Holdings is, and has been determined by order of FERC to be, an Exempt Wholesale Generator (“EWG”) under the Energy Policy Act of 2005 (the “EPAct 2005”), and neither such order nor TXU Energy Holdings’ status as an EWG under the EPAct 2005 is the subject of any pending or, to the Knowledge of the Company, threatened judicial or administrative proceeding to revoke or modify such status. To the Knowledge of the Company, there are no facts that are reasonably likely to cause TXU Energy Holdings to lose its status as an EWG under the EPAct 2005.
