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 ▇▇▇▇ ▇▇▇) 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

Sources: Merger Agreement (Southern Union Co), Merger Agreement (Valley Resources Inc /Ri/)

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 ▇▇▇▇ ▇▇▇) 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

Sources: Merger Agreement (CTG Resources Inc), Merger Agreement (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 ▇▇▇▇ ▇▇▇) 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

Sources: Merger Agreement (Energy East Corp), Merger Agreement (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 ▇▇▇▇ ▇▇▇1935 Act) of the Company is subject to regulation as (ai) a "holding companycomp▇▇▇," 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, (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

Sources: Merger Agreement (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 ▇▇▇▇ ▇▇▇1935 Act) of the Company is subject to regulation as (a) a "holding companyholdi▇▇ ▇▇▇▇▇ny," 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

Sources: Merger Agreement (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 ▇▇▇▇ ▇▇▇) 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

Sources: Merger Agreement (Energy East Corp)