Government Regulation. Neither the Credit Parties nor any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended.
Appears in 11 contracts
Samples: Five Year Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 11 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Fidelity National Financial, Inc.), Revolving Credit Agreement (Turning Point Brands, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 11 contracts
Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc), Credit Agreement (Kronos Worldwide Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amendedAct) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 8 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Chuy's Holdings, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur the indebtedness contemplated hereby.
Appears in 4 contracts
Samples: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)
Government Regulation. Neither the Credit Parties No Loan Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties no Loan Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit Event will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other applicable Legal Requirements which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 4 contracts
Samples: First Lien Credit Agreement (Turning Point Brands, Inc.), Second Lien Credit Agreement (Turning Point Brands, Inc.), First Lien Credit Agreement (Turning Point Brands, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur the Indebtedness contemplated hereby.
Appears in 4 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Federal Power Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 3 contracts
Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under any Applicable Law which limits its ability to incur or consummate the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended.transactions contemplated hereby. SECTION 6.12
Appears in 3 contracts
Samples: Credit Agreement (Ubiquiti Inc.), Credit Agreement (Ubiquiti Inc.), Credit Agreement (Ubiquiti Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amendedAct) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 3 contracts
Samples: Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)
Government Regulation. Neither the No Credit Parties nor Party or any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties nor Party or any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 3 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (PRA International), Credit Agreement (Tuesday Morning Corp/De)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under any Applicable Law which limits its ability to incur or consummate the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedtransactions contemplated hereby.
Appears in 3 contracts
Samples: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after 59442126_10 giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, or any other Applicable Law, in each as amendedcase which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (Realpage Inc), Credit Agreement (Realpage Inc)
Government Regulation. Neither the Credit Parties No Loan Party nor any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties no Loan Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (Knology Inc), Credit Agreement (Knology Holdings Inc /Ga)
Government Regulation. Neither the Credit Parties nor any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties Borrower nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended.
Appears in 2 contracts
Samples: Credit Agreement (Wausau Mosinee Paper Mills Corp), Credit Agreement (Wausau Mosinee Paper Mills Corp)
Government Regulation. Neither the No Credit Parties nor any Subsidiary thereof Party is an "investment company" or --------------------- a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties Borrower nor any Subsidiary thereof of its Subsidiaries is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)
Government Regulation. Neither the Credit Parties No Borrower Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties no Borrower Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (KMG Chemicals Inc), Credit Agreement (KMG Chemicals Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension extension of Credit credit hereunder will be, subject to regulation under any Applicable Law which limits its ability to incur or consummate the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedtransactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Lubys Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under any Applicable Law which limits its ability to incur or consummate the Public Utility Holding Company Act of 1935 or transactions evidenced by the Interstate Commerce Act, each as amendedLoan Documents.
Appears in 1 contract
Samples: Credit Agreement (Global Power Equipment Group Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation Regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Blucora, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby. SECTION 7.12 [Reserved].
Appears in 1 contract
Samples: Credit Agreement (Kforce Inc)
Government Regulation. Neither the any Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) ), and neither the any Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Fossil Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension extension of Credit credit under the Operative Agreements will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties Party nor any Restricted Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Restricted Subsidiary thereof is, or after giving effect to any Extension of Credit the Term Loan will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof (a) is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties nor any Subsidiary thereof (b) is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, except, in the case of clause (b) only, to the extent that such regulation could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties nor Party or any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Credit Parties Borrower nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended.
Appears in 1 contract
Government Regulation. Neither the any Credit Parties Party nor any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the any Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other applicable law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Horizon Personal Communications Inc)
Government Regulation. Neither the No Credit Parties nor Party or any Restricted Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties nor Party or any Restricted Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Cott Corp /Cn/)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "investment company" or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedAct or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Opentable Inc)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby. No Credit Party is an EEA Financial Institution.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under any Applicable Law which limits its ability to incur or consummate the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedtransactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (OMNICELL, Inc)
Government Regulation. Neither the such Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) ), and neither the such Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit the Transactions will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Markel Corp)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amendedor any other Applicable Law which limits its ability to incur or consummate the financing contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Us Ecology, Inc.)
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” (as each such term is defined or used in the Investment Company Act of 1940Act, as amended) and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Government Regulation. Neither the No Credit Parties Party nor any Subsidiary thereof is an "“investment company" or a company "controlled" by an "investment company" ” (as each such term is defined or used in the Investment Company Act of 1940, as amended) ), and neither the no Credit Parties Party nor any Subsidiary thereof is, or after giving effect to any Extension of Credit will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended, or any other Applicable Law which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Wingstop Inc.)