Certain Regulations. The Company is not (a) an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940; or (b) 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.
Appears in 2 contracts
Samples: Credit Agreement, Equity Line of Credit Agreement (Biodelivery Sciences International Inc)
Certain Regulations. The Company is not (a) an “investment company,” or a company “controlled” controlled by an “investment company,” within the meaning of the Investment Company Act of 1940; or (b) 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; or (c) to the knowledge of the Company, subject to any other law, regulation or order restricting its ability to incur debt or to grant Liens.
Appears in 1 contract
Samples: Facility Loan Agreement (Invisa Inc)
Certain Regulations. The Company is not (a) an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940; or (b) 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; or (c) to the knowledge of the Company, subject to any other law, regulation or order restricting its ability to incur debt or to grant Liens.
Appears in 1 contract
Samples: Facility Loan Agreement (Biodelivery Sciences International Inc)
Certain Regulations. The Company is not (a) an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940; or (b) a “holding company,” or an “affiliate” of a “holding company” or a “Subsidiary subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Preferred Stock Equity Facility Agreement (Intrexon Corp)