Public Utility. The Company has the legal right to function and operate as an electric public utility company in the States of Iowa, Illinois and South Dakota, and as a gas public utility company in the States of Iowa, Illinois, South Dakota and Nebraska.
Public Utility. Except as set out on Schedule VII and provided in the Government Approvals identified therein, the Borrower is not, nor will any of the Secured Parties be (solely as a result of its execution, delivery or performance of this Agreement or the other Financing Documents or the transactions contemplated thereby, other than the exercise of remedies under the Security Documents except to the extent that, following such exercise of remedies, the Borrower will remain as the owner of the relevant Projects, and the Operator will remain as the operator thereof), subject to regulation: (i) respecting the rates of electric utilities or material financial and organizational regulation of electric utilities under the FPA or the applicable Government Rules of the State of California other than, solely with respect to the Secured Parties' exercise of remedies under the Security Documents, Section 203 of the FPA; or (ii) otherwise as a gas or other regulated utility, however denominated, under applicable Government Rules of the United States of America or the State of California.
Public Utility. Guarantor is a public utility as defined in Subchapter II of the Federal Power Act, 16 USCA ss.824(e).
Public Utility. The Lessor agrees to provide public utility of the estate and any material of common public utilities including electricity system, water supply system and the telephone system. The Lessor shall provide two parts of the public utilities as Common Property and other in the Leased Property. The common utility system shall be deemed as the “Common Property”, and in the Leased Property, it shall be deemed as “Private Property”. The standard of location, size, quality and installation of the public utility and Private Property shall not be less than government standard. The Lessor shall apply for the installation of the public utilities, which the Lessor shall be initially responsible for the required fee and other expenses. Upon the Lessor have completed the registration of the lease of the Leased Property and public utilities measure to the Lessee, the Lessee agrees to reimburse the Lessor for such payment at the same rate and amount as the electricity authority, waterworks authority and TOT Public Company Limited or telephone provider charged from the Lessor.
Public Utility. (i) Neither the Borrower nor any of its Subsidiaries (by reason of any action or inaction or by reason of the ownership or operation by it or any Affiliate of any Facility or otherwise) is subject to any type of financial, organizational or rate regulation as an Electric Utility or to be regulated as a "public utility company" or a company which is a "holding company" of a "public utility company" subject to registration with the Securities and Exchange Commission or to regulation under PUHCA.
Public Utility. The Company is an operating public utility subject to the jurisdiction of the Public Utilities Commission of Ohio and the Federal Communications Commission.
Public Utility. The Project Company is not a “public utility” as that term is defined in the Public Utility Holding Company Act of 2005 or otherwise subject to regulation as a public utility or service company (or similar designation) by a Governmental Authority (including, by the Georgia Public Service Commission under O.C.G.A. § 46-2-21).