Common use of Public Utility Clause in Contracts

Public Utility. The Lessee is not, nor will any of the Owner Lessor, the Equity Investor, the Indenture Trustee or the Noteholders be, solely as a result of the execution, delivery or performance of this Agreement or the other Operative Documents by any of them or the transactions contemplated thereby, so long as such Person does not operate the Project and is not otherwise engaged in the business of producing, selling or transmitting electric power, subject to regulation: (i) respecting the rates of electric utilities or material financial and organizational regulation of electric utilities under the Applicable Law of the State of Hawaii or (ii) otherwise as an electric or other regulated utility, however denominated, under the Applicable Law of the United States of America, including for the avoidance of doubt the Federal Power Act, or the State of Hawaii.