(3) government authorizations. any registration, declaration, or filing with, or consent, approval, license, permit, or other authorization or order by, any government or regulatory authority, domestic or foreign, that is required in connection with the valid execution, delivery, acceptance, and performance by such equity owner under this agreement or the consummation by such equity owner of any transaction contemplated hereby has been completed, made, or obtained on or before the effective date of this agreement.
(4) litigation. there are no actions, suits, proceedings, or investigations pending or, to the knowledge of such equity owner or any of its affiliates, threatened against or affecting such equity owner or any of its affiliates or any of their properties, assets, or businesses in any court or before or by any governmental department, board, agency, or instrumentality, domestic or foreign, or any arbitrator which could, if adversely determined (or, in the case of an investigation could lead to any action, suit, or proceeding, which if adversely determined could) reasonably be expected to materially impair such equity owner's ability to perform its obligations under this agreement or to have a material adverse effect on the consolidated financial condition of such member; and such equity owner or any of its affiliates has not received any currently effective notice of any default, and such equity owner or any of its affiliates is not in default, under any applicable order, writ, injunction, decree, permit, determination, or award of any court, any governmental department, board, agency, or instrumentality, domestic or foreign, or any arbitrator which could reasonably be expected to materially impair such equity owner's ability to perform its obligations under this agreement or to have a material adverse effect on the consolidated financial condition of such equity owner.
(5) investment company act; public utility holding company act. neither such equity owner nor any of its affiliates is, nor will the company as a result of such equity owner holding an ownership interest be, an 'investment company' as defined in, or subject to regulation under, the investment company act of 1940. neither such equity owner nor any of its affiliates is, nor will the company as a result of such equity owner holding an ownership interest be, a 'holding company,' 'an affiliate of a holding company,' or a 'subsidiary of a holding company,' as defined in, or subject to regulation under, the public utility holding company act of 1935.