Gas Regulatory Matters. All applicable Loan Parties have filed with the appropriate state and federal agencies all necessary rate and collection filings and all necessary applications for well determinations under the Natural Gas Act of 1938, as amended, the Natural Gas Policy Act of 1978, as amended, and the rules and regulations of the Federal Energy Regulatory Commission (the “FERC”) thereunder, and each such application has been approved by or is pending before the appropriate state or federal agency.
Gas Regulatory Matters. Mortgagor has filed with the appropriate state and federal agencies all necessary rate and collection filings and all necessary applications for well determinations under the Natural Gas Act of 1938, as amended, the Natural Gas Policy Act of 1978, as amended, and the rules and regulations of the Federal Energy Regulatory Commission (the “FERC”) thereunder, and each such application has been approved by or is pending before the appropriate state or federal agency.
Gas Regulatory Matters. None of Pinnacle or any of its Subsidiaries is a gas utility under Applicable Law.
Gas Regulatory Matters. None of Quest or any of its Subsidiaries is a gas utility under Applicable Law.
Gas Regulatory Matters. No QMLP Entity is a gas utility under Applicable Laws.
Gas Regulatory Matters. (If any of the Properties produce natural gas, applicable representations and warranties should be inserted by the Parties.)
Gas Regulatory Matters. Except as set forth on Schedule 4.19, (i) neither Quicksilver nor any Acquired Company is a “natural-gas company” within the meaning of the Natural Gas Act of 1938 and (ii) neither Quicksilver nor any Acquired Company has operated or provided services on its gathering facilities in a manner that would subject it to the jurisdiction of, or regulation by, the Federal Energy Regulatory Commission under the Natural Gas Act of 1938. Neither Quicksilver nor any Acquired Company has performed services, and is subject to regulation, under Section 311 of the Natural Gas Policy Act of 1978.
Gas Regulatory Matters. (a) TXU Gas is not subject to the jurisdiction of the Federal Energy Regulatory Commission ("FERC") under the Natural Gas Act of 1938, as amended. TXU Gas does engage in transactions pursuant to Section 311(a) of the Natural Gas Policy Act of 1978. TXU Gas and TXU Gas Parent (and any Affiliates thereof) are exempt from the provisions of the Public Utility Holding Company Act of 1935, as amended, and the rules and regulations thereunder, except for Section 9(a)(2) by reason of Section 3(a)(1) and Section 33 of such Act.
Gas Regulatory Matters. All necessary rate and collection filings and all necessary applications for well determinations under the Natural Gas Act of 1938, as amended, the Natural Gas Policy Act of 1978, as amended, and the rules and regulations of the Federal Energy Regulatory Commission (the "FERC") thereunder have been filed with the appropriate state and federal agencies, and each such application has been approved by or is pending before the appropriate state or federal agency. "Good Faith Negotiations" have been neither initiated nor waived, nor has the right to initiate such re-negotiations been compromised in any manner, pursuant to FERC Order No. 451 or any revisions thereof, or any orders predicated thereon, under any gas sale or purchase contract in effect on July 18, 1986 covering any of the Properties. None of the Properties is subject to any offer of take-or-pay credits for gas transported pursuant to FERC Order No. 500. None of the Properties have been abandoned under FERC Order No. 490 or any revisions thereof.
Gas Regulatory Matters. None of the Company or its Affiliates is a “natural-gas company” under the Natural Gas Act of 1938 (“NGA”), and neither the Real Property nor the pipelines, equipment and other tangible personal property set forth on Schedule 4.28 has ever been constructed or used in a manner that would require a certificate of public convenience and necessity under the NGA or subject such property to the jurisdiction of the Federal Energy Regulatory Commission pursuant to the NGA. Except as set forth on Schedule 4.29, neither the Company nor any Affiliate provides transportation or storage services pursuant to Section 311(a) of the Natural Gas Policy Act of 1978.
