Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers nor any of their Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Triarc Companies Inc), Credit Agreement (Triarc Companies Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person Person, is required for the due execution, delivery or performance by any Borrower of the Borrower, any Designated Guarantor or any other Obligor of their respective Subsidiaries of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers nor Borrower, any Designated Guarantor or any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Duane Reade Realty Inc), Credit Agreement (Duane Reade Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes Note or any other Loan Document to which it is a party, or for such the Borrower's and each such other ObligorParent's participation in the consummation of the TransactionAcquisition, except as described in Item 6.3 ("Government Approvals") of the Disclosure Schedule, all of which have been duly obtained or made and are in full force and effect. None effect or will be prior to the making of the Borrowers nor any of their Subsidiaries Loan. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Lady Luck Gaming Corp)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person Person, is required for the due execution, delivery or performance by any Borrower the Company or any other Obligor of this Agreement, the Notes Agreement or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effecteffect or those which the failure to obtain or make could not reasonably be expected to have a Material Adverse Effect. None of the Borrowers nor Company or any other Obligor, or any of their the Company's Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Formica Corp), Credit Agreement (Formica Corp)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person Person, is required for the due execution, delivery or performance by any Borrower Guarantor or any other Obligor of its Subsidiaries of this Agreement, the Notes Guaranty or any other Loan Document to which it is a party, or for such BorrowerGuarantor's and each or such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers nor No Guarantor or any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Nextel Partners Inc), Patent Security Agreement (Dri I Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person Person, is required for the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes Notes, the Additional TLCs or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effecteffect or those which the failure to obtain or make could not reasonably be expected to have a Material Adverse Effect. None of the Borrowers Neither WWI nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 (Weight Watchers International Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such the Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made Restructuring (other than those required for the provision and are in full force and effect. None perfection of the Borrowers Liens under the Security Documents and except for those the failure to obtain or effect could not reasonably be expected to have a Material Adverse Effect). Neither the Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person Person, is required for the due execution, delivery or performance by any Holdings, the Borrower or any other Obligor of this Agreement, the Notes Agreement or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effecteffect or those which the failure to obtain or make could not reasonably be expected to have a Material Adverse Effect. None of Holdings, the Borrowers nor Borrower or any of their Subsidiaries other Obligor is required to register as an "investment company" within the meaning of under the Investment Company Act of 1940, as amended, or is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes Agreement or any other Loan Document to which it is a party, or for such the Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of Neither the Borrowers Borrower nor any of their its respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party. The Borrower and its Subsidiaries possess all authorizations, or for such Borrower's approvals, permits and each such other Obligor's participation in licenses necessary to operate their respective businesses as current operated and as anticipated to be operated. Neither the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body Governmental Authority or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Amendment Effective Date will be, in full force and effect, and other than those filings required to be made after the Amendment Effective Date) is required for the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers Neither Borrower nor any of their Subsidiaries Consolidated Entities is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 (United Surgical Partners Holdings Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person (other than those that have been, or on the Effective Date will be, duly obtained or made and which are, or on the Effective Date will be, in full force and effect) is required for the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes Agreement or any other Loan Document to which it is a party, or for such Borrower's and in each such other Obligor's participation in case by the consummation of the Transaction, except as have been duly obtained or made and are in full force and effectparties thereto. None of the Borrowers nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body Governmental Authority or other Person (other than those which have been, or on the Amendment Effective Date will be, duly obtained or made and which are, or on the Amendment Effective Date will be, in full force and effect) is required for the consummation of the Transactions or the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers nor Parent, the Borrower or any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any Borrower the Borrower, the Parent, Holdings or any other Obligor of this Agreement, the Notes Note or any other Loan Document to which it is a party, except for those relating to filings and recordings required to perfect or for such Borrower's and each such other Obligor's participation in the consummation maintain perfection of the TransactionLiens granted pursuant to the Loan Documents. Neither the Parent, except as have been duly obtained or made and are in full force and effect. None of Holdings, the Borrowers Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 (Vista Gold Corp)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person person is required for the due execution, delivery or performance by any Borrower and/or Philco or any other Obligor obligor, respectively, of this Agreement, the Notes Note, the Deed(s) of Trust, the Security Agreement/Pledge Agreement(s), the Debenture(s) or any other Loan Document to which it is a party. Neither Borrower or Philco, or for such Borrower's and each such other Obligor's participation in the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers nor any of their Subsidiaries its subsidiaries or any other obligor is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of 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: Loan Agreement (SD Co Inc)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such the Borrower's and each such other Obligor's participation in the consummation of the TransactionAcquisition, except as for such authorizations and approvals which have been duly obtained or made and are in full force and effect. None of Neither the Borrowers Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 (Microsemi Corp)
Government Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person is required for the due execution, delivery or performance by any the Guarantors or the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in the consummation of the TransactionDocument, except as for authorizations, approvals, actions, notices and filings which have been duly obtained obtained, taken, given or made and are in full force and effect. None of the Borrowers Guarantors, the Borrower nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization Except as set forth on Item 6.3 of the Disclosure Schedule, no authorization, approval, grant of a license or approval permit or other action by, and no material notice to or filing with, any governmental authority or regulatory body Governmental Authority or other Person (other than those that have been, or on the Effective Date will be, duly obtained or made and which are, or on the Effective Date will be, in full force and effect) is required for the due execution, delivery or performance by any Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for such Borrower's and each such other Obligor's participation in . Neither the consummation of the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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 Approval, Regulation, etc. No material authorization or approval or other action by, and no material notice to or filing with, any governmental authority or regulatory body or other Person (other than those that have been, or on the Effective Date will be, duly obtained or made and which are, or on the Effective Date will be, in full force and effect) is required for the due execution, delivery or performance by any the Borrower or any other Obligor of this Agreement, the Notes Agreement or any other Loan Document to which it is a party, or for such Borrower's and in each such other Obligor's participation in case by the consummation of parties thereto. Neither the Transaction, except as have been duly obtained or made and are in full force and effect. None of the Borrowers Borrower nor any of their its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of 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