Utility Company Status. (i) Neither Holdings or the Company nor any entity which is directly or indirectly owned, held, or controlled to the degree of ten percent or more (with the power to vote) by Holdings or the Company is any of: (a) a “public utility,” as that term is defined under the Federal Power Act, as amended, and the regulations thereunder (together, the “FPA”); or (b) a “natural gas company,” as that term is defined under the Natural Gas Act, as amended, and the regulations thereunder; or (c) subject to regulation either as a “public utility,” or as an “affiliated interest” with or of a “public utility,” under the law of the state of Hawaii.
Appears in 4 contracts
Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Holdings, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc)
Utility Company Status. (i) Neither Holdings or the Company nor any entity which is directly or indirectly owned, held, or controlled to the degree of ten percent or more (with the power to vote) by Holdings or the Company is any of: (a) a “"public utility,” " as that term is defined under the Federal Power Act, as amended, and the regulations thereunder (together, the “"FPA”"); or (b) a “"natural gas company,” " as that term is defined under the Natural Gas Act, as amended, and the regulations thereunder; or (c) subject to regulation either as a “"public utility,” " or as an “"affiliated interest” " with or of a “"public utility,” " under the law of the state of Hawaii.
Appears in 1 contract
Samples: Alexander & Baldwin Inc
