Regulation as a Utility. (i) It is not regulated as a public utility or public service company by any state. Other than as set forth in Section 5.1(u) of its Disclosure Letter, none of its Subsidiaries or Affiliates is subject to regulation as a public utility or public service company (or similar designation) by any state in the United States or in any foreign country. (ii) Each of Parent and the Company is a holding company exempt from registration pursuant to Section 3(a)(1) of the 1935 Act, as amended.
Appears in 5 contracts
Sources: Merger Agreement (MCN Energy Group Inc), Merger Agreement (Dte Energy Co), Agreement and Plan of Merger (MCN Energy Group Inc)