Bank Holding Company Act Compliance Sample Clauses

Bank Holding Company Act Compliance. (a) None of the Purchaser, their subsidiaries or affiliates is (i) a “bank holding company” as defined under Section 2(a) of the U.S. Bank Holding Company Act of 1956, as amended (the “BHC Act”), (ii) treated as a bank holding company for purposes of Section 8 of the International Banking Act of 1978 (the “IBA”), or (iii) a foreign bank as defined under the IBA.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Bank Holding Company Act Compliance. Each Party A Purchase Contract with respect to Crude not constituting CFTC Approved Assets (if any) shall be required to either (i) permit Party A to assign such Party A Purchase Contract to the extent any such assignment is necessary to comply with 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(i) in circumstances where 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(ii) compliance is unavailable or (ii) contain such alternate provision(s) as may be acceptable to Party A in Party A’s sole discretion so as to ensure compliance with 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(i) in circumstances where 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(ii) compliance is unavailable. Party B may from time to time, on its own behalf or on behalf of any Counterparty or prospective Counterparty, request that Party A consider or cooperate in the development of (x) alternate forms of the provision contemplated by clause (i) of the immediately preceding sentence, or (y) any alternate provision(s) contemplated by clause (ii) of the immediately preceding sentence. Party A shall use good faith, commercially reasonable efforts to accommodate each such request, subject to the requirement that any such alternate form or alternate provision(s) must be sufficient, as determined by Party A in its sole discretion, to ensure Party A’s compliance with 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(i) in circumstances 12 C.F.R. 225.28(b)(8)(ii)(B)(3)(ii) compliance is unavailable.
Sample 1

Related to Bank Holding Company Act Compliance

  • Bank Holding Company Act Neither the Company nor any of its Subsidiaries or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve.

  • Margin Regulations; Investment Company Act; Public Utility Holding Company Act (a) The Borrower is not engaged and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.

  • Investment Company Act; Public Utility Holding Company Act Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.

  • Public Utility Holding Company Act and Investment Company Act Status The Company is not a “holding company” or a “public utility company” as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The Company is not, and as a result of and immediately upon the Closing will not be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.

  • Investment Company Act Compliance The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

  • Public Utility Holding Company Act Neither the Company nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

  • Investment Company Act, Etc Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.

  • Margin Regulations; Investment Company Act (a) The Borrower is not engaged and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.

  • Holding Company and Investment Company Acts Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.

  • Investment Company; Public Utility Holding Company Neither the Company nor any Subsidiary is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!