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Not a Regulated Entity. No Borrower is # an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of the Investment Company Act of 1940; or # subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.

Not a Regulated Entity. NoSection #17Regulated Entities. Neither Borrower nor any of its Subsidiaries is # an “investment company” or a “person directly or indirectly controlledcompany “controlled” by or acting on behalf of an investment“investment company” within the meaning of the Investment Company Act of 1940;1940 or # subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regardingfederal or state statute, rule or regulation limiting its authorityability to incur Debt.Debt, pledge its assets or perform its obligations under the Loan Documents.

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