Common use of Regulation as a Utility Clause in Contracts

Regulation as a Utility. The Company and/or its subsidiaries are regulated as a public utility in the states set forth on Section 4.12 of the Company Disclosure Schedule. Except as set forth on Section 4.12 of Company Disclosure Schedule, neither the Company nor any "subsidiary company" or "affiliate" of the Company is subject to regulation as a public utility or public service company (or similar designation) by the United States or any other state of the United States. All filings required to be made by the Company or any of its subsidiaries since December 31, 1998, under any applicable laws or orders relating to the regulation of public utilities, have been filed with the appropriate public utility commission, health agency or other appropriate governmental entity (including, without limitation, to the extent required, the state public utility regulatory agencies in the states identified in Section 4.12 of the Company Disclosure Schedule), as the case may be, including all forms, statements, reports, agreements (oral or written) and all documents, exhibits, amendments and supplements appertaining thereto, including but not limited to all rates, tariffs, franchises, service agreements and related documents and all such filings complied, as of their respective dates, with all applicable requirements of the appropriate laws or orders, except for such filings or such failure to comply that would not reasonably be likely to have, individually or in the aggregate, a Company Material Adverse Effect. Except as specified on Section 4.12 of the Company Disclosure Schedule, no approval of any public utilities regulatory authority (including all public utility control or public service commissions and similar state regulatory bodies) is required for the Company's execution and delivery of this Agreement by the Company or the performance of its obligations under this Agreement or the consummation of the transactions contemplated by this Agreement.

Regulation as a Utility. The Except as set forth in Section 3.01(o) of the Company and/or its subsidiaries are regulated Disclosure Schedule , the Company is not subject to regulation as a public utility in the states set forth on holding company, public utility or public service company (or similar designation) by any PUC. Section 4.12 3.01(o) of the Company Disclosure Schedule. Except as set forth on Section 4.12 Schedule contains a true and complete list of Company Disclosure Schedule, neither the Company nor any "each subsidiary company" or "affiliate" of the Company that is subject to regulation as a public utility or public service company (or similar designation) by any PUC, including the United States name of each such jurisdiction in which such subsidiary is subject to such regulation. None of the Company or any other state of its subsidiaries is a "public utility company" or a "holding company" within the meaning of Section 2(a)(5) or 2(a)(7), respectively, of the United StatesPublic Utility Holding Company Act of 1935 (the "Holding Company Act") or a "subsidiary company" or an "affiliate" (within the meaning of Section 2(a)(8) or 2(a)(11), respectively, of the Holding Company Act) of any holding company which is required to register as a holding company under the Holding Company Act. All filings required to be made by the Company or any of its subsidiaries since December 31January 1, 19982000, under any applicable laws Applicable Laws or orders Judgments relating to the regulation of public utilitiesutilities or public service companies (or similarly designated companies), have been filed with the appropriate public utility commissionPUC, health agency Health Agency or other appropriate governmental entity (including, without limitation, to the extent required, the state public utility regulatory agencies in the states identified in Section 4.12 of the Company Disclosure Schedule)Governmental Entity, as the case may be, including all forms, statements, reports, agreements (oral or written) and all documents, exhibits, amendments and supplements appertaining thereto, including but not limited to all rates, tariffs, franchises, service agreements and related documents and all such filings complied, as of their respective dates, with all applicable requirements of the appropriate laws all Applicable Laws or ordersJudgments, except for such filings or such failure failures to comply that individually or in the aggregate would not reasonably be likely expected to have, individually or in the aggregate, have a Company Material Adverse Effect. Except as specified on Section 4.12 of the Company Disclosure Schedule, no approval of any public utilities regulatory authority (including all public utility control or public service commissions and similar state regulatory bodies) is required for the Company's execution and delivery of this Agreement by the Company or the performance of its obligations under this Agreement or the consummation of the transactions contemplated by this Agreementmaterial adverse effect.

Regulation as a Utility. The Company and/or its subsidiaries the Subsidiaries are regulated as a public utility in the states set forth on Section 4.12 4.19 of the Company Disclosure ScheduleLetter. Except as set forth on Section 4.12 4.19 of the Company Disclosure ScheduleLetter, neither the Company nor any "subsidiary company" or "affiliate" of the Company is subject to regulation as a public utility or public service company (or similar designation) by the United States or any other state of the United States. All filings required to be made by the Company or any of its subsidiaries Subsidiaries since December 31, 1998, under any applicable laws or orders relating to the regulation of public utilities, have been filed with the appropriate public utility commission, health agency or other appropriate governmental entity (including, without limitation, to the extent required, the state public utility regulatory agencies in the states identified in Section 4.12 4.19 of the Company Disclosure ScheduleLetter), as the case may be, including all forms, statements, reports, agreements (oral or written) and all documents, exhibits, amendments and supplements appertaining thereto, including but not limited to all rates, tariffs, franchises, service agreements and related documents and all such filings complied, as of their respective dates, with all applicable requirements of the appropriate laws or orders, except for such any filings or such failure failures to comply that would not reasonably be likely to havewhich, individually or in the aggregate, would not have or be likely to have, a Company Material Adverse Effect. Except as specified on Section 4.12 4.19 of the Company Disclosure ScheduleLetter, no approval of any public utilities regulatory authority (including all public utility control or public service commissions and similar state regulatory bodies) is required for the Company's execution and delivery of this Agreement by the Company or the performance of its obligations under this Agreement or the consummation of the transactions contemplated by this Agreementhereby.

Regulation as a Utility. The Company and/or its subsidiaries the Subsidiaries are regulated as a public utility in the states set forth on Section 4.12 SECTION 4.19 of the Company Disclosure ScheduleLetter. Except as set forth on Section 4.12 SECTION 4.19 of the Company Disclosure ScheduleLetter, neither the Company nor any "subsidiary company" or "affiliate" of the Company is subject to regulation as a public utility or public service company (or similar designation) by the United States or any other state of the United States. All filings required to be made by the Company or any of its subsidiaries Subsidiaries since December 31, 1998, under any applicable laws or orders relating to the regulation of public utilities, have been filed with the appropriate public utility commission, health agency or other appropriate governmental entity (including, without limitation, to the extent required, the state public utility regulatory agencies in the states identified in Section 4.12 SECTION 4.19 of the Company Disclosure ScheduleLetter), as the case may be, including all forms, statements, reports, agreements (oral or written) and all documents, exhibits, amendments and supplements appertaining thereto, including but not limited to all rates, tariffs, franchises, service agreements and related documents and all such filings complied, as of their respective dates, with all applicable requirements of the appropriate laws or orders, except for such any filings or such failure failures to comply that would not reasonably be likely to havewhich, individually or in the aggregate, would not have or be likely to have, a Company Material Adverse Effect. Except as specified on Section 4.12 SECTION 4.19 of the Company Disclosure ScheduleLetter, no approval of any public utilities regulatory authority (including all public utility control or public service commissions and similar state regulatory bodies) is required for the Company's execution and delivery of this Agreement by the Company or the performance of its obligations under this Agreement or the consummation of the transactions contemplated by this Agreementhereby.