Common use of Regulation as a Utility Clause in Contracts

Regulation as a Utility. Except as set forth in Section 4.11 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx) of the Company is subject to regulation as (a) a "holding company," a "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(7), 2(a)(5), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (b) a "public utility" under the Power Act, (c) a "natural-gas company" under the Natural Gas Act or (d) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island or by any foreign country.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Valley Resources Inc /Ri/), Agreement and Plan of Merger (Southern Union Co)

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Regulation as a Utility. Except as set forth in Section 4.11 4.12 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx) of the Company is subject to regulation as (ai) a "holding company," a "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(72(a)(5), 2(a)(52(a)(7), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (bii) a "public utility" under the Power Act, (ciii) a "natural-gas company" under the Natural Gas Act Act, or (div) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island Maine or by any foreign country.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Energy East Corp), Agreement and Plan of Merger (Central Maine Power Co)

Regulation as a Utility. Except as set forth in Section 4.11 4.12 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx) of the Company is subject to regulation as (a) a "holding company," a "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(7), 2(a)(5), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (b) a "public utility" under the Power Act, (c) a "natural-gas company" under the Natural Gas Act or (d) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island Connecticut or by any foreign country.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (CTG Resources Inc), Agreement and Plan of Merger (Energy East Corp)

Regulation as a Utility. Except as set forth in Section 4.11 4.12 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx) of the Company is subject to regulation as (a) a "holding company," a "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(7), 2(a)(5), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (b) a "public utility" under the Federal Power Act, (c) a "natural-gas company" under the Natural Gas Act or (d) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island Massachusetts or by any foreign country.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Energy East Corp)

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Regulation as a Utility. Except as set forth in Section 4.11 4.12 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx1935 Act) of the Company is subject to regulation as (a) a "holding companyholdixx xxxxxny," a "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(7), 2(a)(5), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (b) a "public utility" under the Federal Power Act, (c) a "natural-gas company" under the Natural Gas Act or (d) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island Massachusetts or by any foreign country.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Berkshire Energy Resources)

Regulation as a Utility. Except as set forth in Section 4.11 4.12 of the Company Disclosure Schedule, neither the Company nor any "associate company," "subsidiary company" or "affiliate" (as such terms are defined in the 0000 Xxx1935 Act) of the Company is subject to regulation as (ai) a "holding companycompxxx," a x "public-utility company," a "subsidiary company" or an "affiliate" of a "holding company," within the meaning of Sections 2(a)(7), 2(a)(5), 2(a)(8) and 2(a)(11), respectively, of the 1935 Act, (bii) a "public utility" under the Power Act, (ciii) a "natural-gas company" under the Natural Gas Act Act, or (div) a public utility or public service company (or similar designation) by any state in the United States other than Rhode Island Connecticut or by any foreign country.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Energy East Corp)

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