Covered Fund. The Borrower is not a “covered fund” under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the “Xxxxxxx Rule”). In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.
Appears in 3 contracts
Samples: Joinder Agreement (Exela Technologies, Inc.), Loan and Security Agreement (Exela Technologies, Inc.), Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Covered Fund. The Borrower is not a “covered fund” under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the “Xxxxxxx Vxxxxxx Rule”). In determining that the Borrower is not a “covered fund” under the Xxxxxxx Vxxxxxx Rule, Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hill-Rom Holdings, Inc.), Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Covered Fund. The Borrower is not a “covered fund” under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the “Xxxxxxx Rule”). In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Deluxe Corp), Receivables Financing Agreement (Agiliti, Inc. \De)
