Common use of Regulated Entities Clause in Contracts

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Borrower Party, no any Person controlling any Loan a Borrower Party, nor or any Subsidiary of any Loan Partyother Subsidiary, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 1940. No Borrower Party or (b) any other Subsidiary is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no nor any Person controlling any Loan Party, nor or any Subsidiary of any Loan Partyits subsidiaries, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Act any Requirement of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation Law limiting its ability to incur Indebtedness, pledge its assets indebtedness or perform its obligations under the Loan Documentshereunder.

Regulated Entities. No None of such Loan Party, no any of its Subsidiaries or any Person controlling any such Loan Party, nor or any Subsidiary of any Loan PartySubsidiary, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. None of such Loan Party nor any of its Subsidiaries is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No None of the Loan PartyParties, no any Person controlling any of the Loan PartyParties, nor or any Subsidiary of any Loan PartySubsidiary, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party nor any Subsidiary is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No None of any Loan Party, no any Person controlling any Loan Party, nor or any Subsidiary of any Loan Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation 1940. No Loan Party is a regulated entity under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan DocumentsDebt.

Regulated Entities. No Loan Party, no nor any Person controlling any Loan Party, nor or any Subsidiary of any Loan Partyits Subsidiaries, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Act any Requirement of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation Law limiting its ability to incur Indebtedness, pledge its assets indebtedness or perform its obligations under the Loan Documentshereunder.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “"Investment Company" or a company "controlled" by an "investment company” " within the meaning of the Investment Company Act of 1940 or (b) 1940. Neither of the Borrowers nor any other Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the U.S. Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal U.S. Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, Party nor any Subsidiary of any Loan Party, its Subsidiaries is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents. No Loan Party is an Affected Financial Institution.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, Party nor any Subsidiary of any Loan Party, their Subsidiaries is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents. No Loan Party is an Affected Financial Institution.

Regulated Entities. No Loan Party, no any Person controlling Controlling any Loan Party, nor or any Subsidiary of any Loan Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Interstate Commerce Act of 1887Federal Power Act, any state public utilities code, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no Party nor any Person controlling any a Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no Person controlling None of any Loan PartyParties, nor or any Subsidiary of any Loan Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan DocumentsDocuments to which it is a party.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, Party nor any Subsidiary of any Loan Party, their Restricted Subsidiaries is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents. No Loan Party is an Affected Financial Institution.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents1940.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, Party nor any Subsidiary of any Loan Party, their Subsidiaries is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 1940, (b) a “utility” under the Laws of the State of Texas or any other jurisdiction wherein such Person is required to qualify to do business or (bc) subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents. No Loan Party is an Affected Financial Institution.

Regulated Entities. No Loan Party, no nor any Person controlling any Loan Party, nor any Subsidiary of any a Loan Party, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “"Investment Company" or a company "controlled" by an "investment company” " within the meaning of the Investment Company Act of 1940 or (b) 1940. Neither of the Borrowers nor any other Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Neither any Loan Party, no Party nor any Person controlling any Loan Party, nor any Subsidiary of any a Loan Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 1940; or (b) subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “"investment company” " within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Neither any Loan PartyParty nor any Material Subsidiary, no nor any Person controlling any Loan Party, nor or any Subsidiary of any Loan Partythe Material Subsidiaries, is (a) an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940 or (b) 1940, as amended. No Loan Party is subject to regulation under the any Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule State statute or regulation limiting which limits its ability to incur Indebtedness, pledge Indebtedness or grant Liens on its assets or perform its obligations under the Loan Documentsassets.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Borrower is subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No None of any Loan Party, no any Person controlling any Loan Party, nor or any Subsidiary of any Loan Party, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) subject to regulation 1940. No Loan Party is a regulated entity under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan DocumentsDebt.

Regulated Entities. No Loan Party, no Party nor any Person controlling any a Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment company” "INVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation 1940. No Loan Party is a regulated entity under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan DocumentsObligations.

Regulated Entities. No Loan Borrower Party, no any Person controlling any Loan a Borrower Party, nor or any Subsidiary of any Loan Partyother Subsidiary, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 1940. No Borrower Party or (b) any other Subsidiary is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment company” "Investment Company" within ------------------ the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan DocumentsDebt.

Regulated Entities. No Neither any Loan Party, no Party nor any Person controlling any Loan Party, nor any Subsidiary of any a Loan Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 1940; or (b) subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) required to be registered as an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 1940. No Loan Party is a “holding company” or (b) subject to regulation under a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company” or a “public utility” within the meaning of the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities codecode or law, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no any Person controlling any Loan Party, nor any Subsidiary of any Loan PartySubsidiary, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Companies Act of 1940 or (b) 1940. The Loan Parties are not subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no any Person controlling any Loan Party, nor or any Subsidiary of any Loan Party, of them is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Act of 1935, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documentsindebtedness.

Regulated Entities. No Loan Party, no Person controlling any Loan PartyParty or its Subsidiary, nor any Subsidiary of any Person controlling a Loan Party, Party is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. No Loan Party is subject to regulation under the Federal Power Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act of 1887Act, any state public utilities code, or any other federal Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, nor any Subsidiary of any Loan Party, Party is (a) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 1940. No Loan Party is a “holding company” or (b) subject to regulation under a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company” or a “public utility” within the Federal Power meaning of the Public Utility Holding Company Act of 1935, the Interstate Commerce Act of 1887, any state public utilities code, or any other federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. No Loan Party, no Person controlling any Loan Party, Party nor any Subsidiary of any Loan Party, Party is (a) an “investment company” within the meaning of the Investment Company Issuer Act of 1940 or (b) subject to regulation under the Federal Power Act of 1935Act, the Interstate Commerce Act of 1887Act, any state public utilities code, code or any other federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its obligations under the Loan Documents.