Common use of Government Approval, Regulation, etc Clause in Contracts

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or other action by, or notice to, or filing with, any Governmental Authority or regulatory body 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 Closing Date will be, in full force and effect is necessary or required for the consummation of the IPO, the transactions contemplated hereby or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or any other Loan Document to which it is a party or the granting of the Liens contemplated by the Security Documents. None of the Credit Parties is an “investment company” within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties 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 Holdings Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or Authority, regulatory body 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 Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby herein or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes by such Borrower or any other Obligor of any Loan Document to which it is a party party, or for the granting due execution, delivery and/or performance of the Liens documents evidencing the transactions contemplated herein, in each case by the Security Documentsparties thereto. None No Borrower nor any of the Credit Parties their respective Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Amendment Effective Date will be, duly obtained or made and which are, or on the Closing Amendment Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower nor any of the Credit Parties its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body 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 Closing Date will be, in full force and effect effect, and other than those filings required to be made after the Closing Date) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower nor any of the Credit Parties its Consolidated Entities is an “investment company” within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority governmental authority or regulatory body 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 Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes by any Guarantor of this Guaranty or any other Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents by such Guarantor (if applicable), or the granting consummation of the Liens contemplated Transaction by the Security Documentssuch Guarantor (if applicable). None of the Credit Parties Guarantors or any of its respective Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or Authority, regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby herein (including the Senior Unsecured Notes Offering) or the due execution, delivery or performance by, or to make enforceable against, by the Credit Parties, the Notes Borrower or any other Obligor of any Loan Document to which it is a party party, or for the granting due execution, delivery and/or performance of the Liens documents evidencing the transactions contemplated herein (including the Senior Unsecured Notes Documents), in each case by the Security Documentsparties thereto. None Neither the Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Amendment Effective Date will be, duly obtained or made and which are, or on the Closing Amendment Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body 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 Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby herein or the Acquisition or the due execution, delivery or performance by, by any Obligor of any Loan Document or to make enforceable against, the Credit Parties, the Notes or any other Loan Related Document to which it is a party party, or for the granting due execution, delivery and/or performance of documents evidencing the Liens transactions contemplated herein, in each case by the Security Documentsparties thereto. None Neither the Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or Authority, regulatory body 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 Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby herein or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes by such Borrower or any other Obligor of any Loan Document to which it is a party party, or for the granting due execution, delivery and/or performance of the Liens documents evidencing the transactions contemplated herein, in each case by the Security Documentsparties thereto. None No Borrower nor any of the Credit Parties their respective Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approvalExcept as disclosed in Item 6.3 of the Disclosure Schedule, consent, exemption, no authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Refinancing or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by each Obligor of any other Loan Document to which it is a party party, or for the due execution, delivery and/or performance of any documents executed, delivered and/or performed in connection with the Refinancing, in each case by the parties thereto or the granting consummation of the Liens contemplated by the Security DocumentsRefinancing. None No member of the Credit Parties Consolidated Group is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby herein or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the granting due execution, delivery and/or performance of documents evidencing the Liens transactions contemplated herein, in each case by the Security Documentsparties thereto. None Neither the Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which that are, or on the Closing Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower nor any of the Credit Parties its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval[Except as disclosed on Schedule 4.3], consent, exemption, no material authorization or approval or other action by, or and no material notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Date Date, will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby or (i) the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party or (ii) the granting due execution, delivery and/or performance by any Obligor of the Liens contemplated by Material Transaction Documents to which each is a party, or (iii) the Security Documents. None conduct of the Credit Parties business of Borrower and its Subsidiaries as currently conducted following the Closing Date. Neither Holdings nor Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, material ------------------------------------ authorization or approval or other action by, or and no material notice to, to or filing with, any Governmental Authority governmental authority or regulatory body or other Person (other than those that have been, or on or immediately after the Closing Date will be, duly obtained or made and which are, or on or immediately after the Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby or the due execution, delivery or performance by, by the Borrower or to make enforceable against, the Credit Partiesany other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party party, or for the granting Borrower's and each such other Obligor's participation in the consummation of the Liens contemplated by Acquisition, except as have been duly obtained or made and are in full force and effect. Neither the Security Documents. None Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, material authorization or material approval or other action by, and no material notice to or notice to, or material filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of the Senior Secured Note Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction other than in connection with the Security Documents. None registration of the Credit Parties Exchange Notes (as defined in the Senior Secured Note Indenture). No Obligor nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority governmental authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, been duly obtained or made and which are, or on the Closing Date will be, are in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance byby Holdings, or to make enforceable against, the Credit Parties, the Notes either Borrower or any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by Transaction (except where the Security Documentsfailure to obtain or make any such authorization, approval, action, notice or filing could not reasonably be expected to have a Material Adverse Effect). None of the Credit Parties Holdings, either Borrower or any of their respective Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approvalOther than those authorizations, consentapprovals or other actions by, exemptionand notices to or filings with, any governmental authority or regulatory body, if any, which have been duly obtained or made and are in full force and effect, no additional authorization or approval or other action by, or and no additional notice to, to or filing with, any Governmental Authority governmental authority or regulatory body 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 Closing Date will be, in full force and effect is necessary or required for the consummation of the IPO, the transactions contemplated hereby or the due execution, delivery or performance by, or to make enforceable againstby the Borrower, the Credit PartiesParent or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party party, or for the granting Borrower's, the Parent's and each such other Obligor's participation in the consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower, the Parent nor any of the Credit Parties their respective Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approvalOther than those authorizations, consentapprovals or other actions by, exemptionand notices to or filings with, any governmental authority or regulatory body, if any, which have been duly obtained or made and are in full force and effect, no additional authorization or approval or other action by, or and no additional notice to, to or filing with, any Governmental Authority governmental authority or regulatory body 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 Closing Date will be, in full force and effect is necessary or required for the consummation of the IPO, the transactions contemplated hereby or the due execution, delivery or performance by, by the Borrower or to make enforceable against, the Credit Partiesany other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party party, or for the granting Borrower's and each such other Obligor's participation in the consummation of the Liens contemplated by Transaction. Neither the Security Documents. None Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body or other Person (other than those that have been, or on the applicable Closing Date will be, duly obtained or made and which are, or on the applicable Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby U.K. Transaction or the due execution, delivery or performance by, or to make enforceable against, the Credit Parties, the Notes or by any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of the U.K. Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by U.K. Transaction. Neither the Security Documents. None U.S. Borrower nor any of the Credit Parties its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.

Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, or and no notice to, to or filing with, any Governmental Authority or regulatory body 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 Closing Date will be, in full force and effect effect) is necessary or required for the consummation of the IPO, the transactions contemplated hereby Transaction or the due execution, delivery or performance by, or to make enforceable against, by the Credit Parties, the Notes Borrower or any other Obligor of any Loan Document to which it is a party party, or for the due execution, delivery and/or performance of Transaction Documents, in each case by the parties thereto or the granting consummation of the Liens contemplated by the Security Documents. None Transaction, except for any of the Credit Parties foregoing, the failure of which to make or obtain such authorization or approval (individually or in the aggregate) could not reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. None of the Credit Parties is , 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 Holdings Holding Company Act of 1935, as amended.