Government Acts. (a) Neither the Borrower nor any Credit Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. (b) Neither the Borrower 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.
Appears in 5 contracts
Samples: Credit Agreement (Intermagnetics General Corp), Credit Agreement (Intermagnetics General Corp), Credit Agreement (Dean Foods Co/)
Government Acts. (a) Neither the Parent Borrower nor any Credit Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
(b) Neither the Parent Borrower 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.
Appears in 1 contract
Government Acts. (a) Neither the Borrower nor any Credit Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
(b) Neither the Borrower nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding 60 company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Suiza Foods Corp)
Government Acts. (a) Neither the Borrower nor any Credit Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
(b) Neither the Borrower nor any of its Restricted 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.
Appears in 1 contract
Samples: Credit Agreement (Dean Foods Co/)
Government Acts. (a) Neither the Borrower nor any Credit Party is an "“investment company"”, or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended.
(b) Neither the Borrower 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.
Appears in 1 contract