Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 34 contracts
Samples: Revolving Credit Agreement (Anacomp Inc), Revolving Credit Agreement (Rti Capital Corp), Credit Agreement (Triton Systems Inc / Fa)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 30 contracts
Samples: Credit Agreement (BTHC VII Inc), Multicurrency Revolving Credit Agreement (Rogers Corp), Revolving Credit Agreement (Sassco Fashions LTD /De/)
Holding Company and Investment Company Acts. Neither the Borrower ------------------------------------------- nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Revolving Credit Agreement (California Steel Industries Inc), Revolving Credit Agreement (New England Business Service Inc), Credit Agreement (Fairfield Communities Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an any of them a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Waste Management Holdings Inc), Loan Agreement (Waste Management Holdings Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding companyCompany", or a "subsidiary companyCompany" of a "holding companyBorrower", or an "affiliate" of a "holding companyCompany", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an any of them a "registered investment companyCompany", or an "affiliated companyCompany" or a "principal underwriter" of an a "registered investment companyCompany", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement (Waste Management Holdings Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Pledge Agreement (Kronos Inc), Revolving Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (Anacomp Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding companyHOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment companyINVESTMENT COMPANY", or an "affiliated companyAFFILIATED COMPANY" or a "principal underwriterPRINCIPAL UNDERWRITER" of an "investment companyINVESTMENT COMPANY", as such terms are defined in the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Moore Medical Corp), Revolving Credit Agreement (Keane Inc), Revolving Credit Agreement (Friendly Ice Cream Corp)
Holding Company and Investment Company Acts. Neither the Borrower Company nor any of its Subsidiaries is a "holding company", " or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc)
Holding Company and Investment Company Acts. Neither the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Holmes Products Corp), Loan Agreement (Holmes Group Inc), And Term Loan Agreement (Holmes Products Corp)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an any of them a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc), Revolving Credit Agreement (Geowaste Inc), Revolving Credit Agreement (Geowaste Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of or "principal underwriter" of or for an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc), Credit and Term Loan Agreement (Golden Books Family Entertainment Inc), Revolving Credit Agreement (Sun Television & Appliances Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of such Persons an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (Excel Realty Trust Inc), Term Loan Agreement (Ps Business Parks Inc/Ca)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; neither Borrower nor any of its subsidiaries is subject to regulation as a “public utility” under the Federal Power Act, as amended; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)
Holding Company and Investment Company Acts. Neither the Each Borrower represents and warrants that neither such Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it are any of the Borrowers or their Subsidiaries an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Transtechnology Corp), Credit Agreement (Transtechnology Corp), Credit Agreement (Ict Group Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries nor the Guarantor is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc)
Holding Company and Investment Company Acts. Neither the any Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; neither any Borrower nor any of its Subsidiaries is subject to regulation as a “public utility” under the Federal Power Act, as amended; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)
Holding Company and Investment Company Acts. Neither the Borrower nor ------------------------------------------- any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of them an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Master Credit Agreement (JDN Realty Corp), Master Credit Agreement (JDN Realty Corp), Term Loan Agreement (JDN Realty Corp)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "a “registered investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "a “registered investment company"”, as such terms are defined in the Investment Company Act of 1940. §5.13.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/), Revolving Credit Agreement (United States Cellular Corp), Revolving Credit Agreement (United States Cellular Corp)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an any of them a "registered investment company", ," or an "affiliated company" or a "principal underwriter" of an a "registered investment company", ," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Superior Services Inc), Revolving Credit Agreement (Superior Services Inc), Revolving Credit Agreement (Mastec Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrowers, the General Partner, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of such Persons an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc), Term Loan Agreement (Walden Residential Properties Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc), Mortgage Warehousing Credit and Security Agreement (Charter Municipal Mortgage Acceptance Co), Multicurrency Revolving Credit Agreement (Borders Group Inc)
Holding Company and Investment Company Acts. Neither the Borrower Holdings nor any of its Subsidiaries is (i) a "holding company", " or a "subsidiary company" company of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Coho Energy Inc), Credit Agreement (Coho Energy Inc), Credit Agreement (Coho Resources Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of the Borrowers an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Nationsrent Inc), Credit Agreement (Nationsrent Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Century Aluminum Co), Revolving Credit Agreement (Century Aluminum Co)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an are any of them a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (TRC Companies Inc /De/), Revolving Credit Agreement (TRC Companies Inc /De/)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company", ” or a "“subsidiary company" ” of a "“holding company", ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)
Holding Company and Investment Company Acts. Neither None of the Borrower nor or any of its the Borrower's Subsidiaries is a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", ," or an "affiliated company" or a "principal underwriter" of an "investment company", ," as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Bridgestreet Accommodations Inc), Revolving Credit Agreement (Provant Inc)
Holding Company and Investment Company Acts. Neither the Borrower Borrowers nor any of its their Subsidiaries is (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Planet Hollywood International Inc), Secondary Revolving Credit Agreement (Planet Hollywood International Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, the General Partners, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of such Persons an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc)
Holding Company and Investment Company Acts. Neither the Borrower ------------------------------------------- nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor ------------------------------------------- any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Answer Think Consulting Group Inc), Credit Agreement (New England Business Service Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an any "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Weiners Stores Inc), Revolving Credit Agreement (Weiners Stores Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, REA, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of them an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Real Estate Investment Corp), Revolving Credit Agreement (American Real Estate Investment Corp)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding companyHOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment companyINVESTMENT COMPANY", or an "affiliated companyCOMPANY" or a "principal underwriterPRINCIPAL UNDERWRITER" of an "investment companyINVESTMENT COMPANY", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an such Person a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", or a company controlled by a "registered investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is (i) a "“holding company", ” or a "“subsidiary company" ” of a "“holding company", ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "“investment company"” or an “affiliated person” or “promoter” of, or an "affiliated company" or a "“principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940., as amended. (n)
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement credit Agreement (Talbots Inc), Revolving Loan Credit Agreement credit Agreement (Talbots Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Restructuring Agreement (Outsource International Inc), Credit Agreement (Avado Brands Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries (i) is a "“holding company", ” or a "subsidiary “public-utility company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in ” under the Public Utility Holding Company Act of 1935; nor 2005 or those regulations publicly promulgated by the Federal Energy Regulatory Commission thereunder, or (ii) is it or is required to be registered as an "“investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in ” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Assignment and Assumption (Barnes Group Inc), Agreement (Barnes Group Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it is subject to regulation as a “public utility” under the Federal Power Act, as amended; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.), Senior Secured Credit Agreement (Borders Group Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries the Guarantors is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Term Loan Agreement (Moran Transportation Co), Revolving Credit Agreement (Aegis Realty Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of them an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Kti Inc), Credit and Term Loan Agreement (Casella Waste Systems Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their respective Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (United States Cellular Corp), Revolving Credit Agreement (Allbritton Communications Co)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an a company "affiliated companycontrolled" or a "principal underwriter" of by an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Michaels Stores Inc), Revolving Credit Agreement (Michaels Stores Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrowers, the Guarantors or any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Allied Holdings Inc), Revolving Credit Agreement (Allied Holdings Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor or any Subsidiary of its Subsidiaries such Borrower is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Starter Corp), Credit Agreement (Starter Corp)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; , nor is it either of them an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", " as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc)
Holding Company and Investment Company Acts. Neither the Borrower Borrower, the General Partner, the Guarantor nor any of its the Borrower's Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated affiliate company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Crescent Real Estate Equities Inc), Revolving Credit Agreement (Crescent Real Estate Equities Co)
Holding Company and Investment Company Acts. Neither the any Borrower nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Bombay Company Inc)
Holding Company and Investment Company Acts. Neither the any Borrower nor any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company", or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor the Parent Guarantor nor any of its Subsidiaries is a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Interpool Inc), Credit Agreement (Interpool Inc)
Holding Company and Investment Company Acts. Neither the Borrower Borrower, the Guarantor nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Acquisition Loan Agreement (Chartermac), Loan Agreement (Charter Municipal Mortgage Acceptance Co)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrowers or any of its their Restricted Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc), Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, the General Partner, the Guarantors or any of its their respective Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of such Persons an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Construction Loan Agreement (Walden Residential Properties Inc), Construction Loan Agreement (Walden Residential Properties Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it such Person an "“investment company"”, or a “principal underwriter” of an "affiliated “investment company" ”, or a "principal underwriter" of company controlled by an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any Borrower, no Guarantor, no Pledged Entity, and none of its their respective Subsidiaries is a "“holding company", ,” or a "subsidiary company" an “affiliate” of a "“holding company", or an "affiliate" of a "holding company", ,” as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it are any such Persons an "“investment company", ,” or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company", ,” as such terms are defined in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Centerline Holding Co), Revolving Credit and Term Loan Agreement (Centerline Holding Co)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "any of them a “registered investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "a “registered investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrowers or any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it are they an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any such Person an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Domestic Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an a company "affiliated companycontrolled by" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it any of them an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Borrowers and their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or or, except as disclosed on SCHEDULE 6.21, an "affiliated company" or a "principal underwriter" of an 44 -38- "investment company", as such terms are defined in the Investment Company Act of 1940Act.
Appears in 1 contract
Samples: Revolving Credit Agreement (Freedom Securities Corp /De/)
Holding Company and Investment Company Acts. Neither the Borrower Company nor any of its Subsidiaries is a "holding company", ," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", ," or an "affiliated company" or a "principal underwriter" of an "investment company", ," as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Allou Health & Beauty Care Inc)
Holding Company and Investment Company Acts. Neither None of Holdings, the Borrower nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the Borrower ------------------------------------------- Borrowers nor any of its their Non-Excluded Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an a "affiliated company" which is "controlled" by, or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Samsonite Holdings Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any Borrower, no Guarantor, no Pledged entity, and none of its their respective Subsidiaries is a "holding company", or a "subsidiary company," of a "holding company", or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it are any such Persons an "investment company", ," or an "affiliated company" or a "principal underwriter" of an "investment company", ," as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the ------- ------- --- ---------- ------- ---- Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)
Holding Company and Investment Company Acts. Neither the The Borrower nor any of its Subsidiaries is neither a "holding company", or nor a "subsidiary company" of a "holding company", or nor an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or nor an "affiliated company" or nor a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Rottlund Co Inc)
Holding Company and Investment Company Acts. Neither of the Borrower Borrowers nor any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it is subject to regulation as a “public utility” under the Federal Power Act, as amended; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the ------------------------------------------- Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an are any of them a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (United States Filter Corp)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrower, the Member, the Property Owner, the Manager or the Guarantor is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the The Borrower nor any of its Subsidiaries is neither a "holding company", or nor a "subsidiary company" of a "holding company", or nor an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or nor an "affiliated company" or nor a "principal underwriter" of an "a ''registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of Holdings, the ------------------------------------------- Borrower nor any of its their Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "“holding company", or a "subsidiary company" of a "holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "are any of them a “registered investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "a “registered investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Revolving Credit Agreement (TRC Companies Inc /De/)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" affiliate of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of or ------------------------------------------- its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the Borrower nor Borrower, any of its Subsidiaries nor the Guarantor is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither of the Borrower nor Borrowers or any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary Subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (CRC Evans International Inc)
Holding Company and Investment Company Acts. Neither the ------------------------------------------------ Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fairfield Communities Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; . Neither the Borrower nor is it an "any of its Subsidiaries (excluding investment company", or an "affiliated company" companies in which the Borrower or a Consolidated Subsidiary has made "principal underwriterseed money" of investments permitted by Section 8.6(b)) is an "investment company", as such terms are term is defined in the Investment Company Act of 19401940 Act.
Appears in 1 contract
Samples: Revolving Credit Agreement (Alliance Capital Management Lp)
Holding Company and Investment Company Acts. Neither the ------------------------------------------- Borrower nor any of its Subsidiaries Subsidiary is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the any Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 19352005; neither any Borrower nor any of its Subsidiaries is subject to regulation as a "public utility" under the Federal Power Act, as amended; nor is it an "investment companyinvestmentcompany", or an "affiliated companyaffiliatedcompany" or a "principal underwriterprincipalunderwriter" of an "investment companyinvestmentcompany", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Holding Company and Investment Company Acts. Neither the -------------------------------------------- Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (United States Cellular Corp)
Holding Company and Investment Company Acts. Neither the any Borrower nor any of its their respective Subsidiaries is (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of or "principal underwriter" of or for an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrowers or any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Subordinated Loan Agreement (TRC Companies Inc /De/)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940. 5.13.
Appears in 1 contract
Samples: Revolving Credit Agreement (New England Business Service Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Loan Agreement (Omnipoint Corp \De\)
Holding Company and Investment Company Acts. Neither None of the Borrower nor any of its Subsidiaries Borrowers ------- ------- --- ---------- ------- ----- is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an are any of them a "registered investment company", or an "affiliated company" or a "principal underwriter" of an a "registered investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a (i) a "holding company", " or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it , as amended, or (ii) an "investment company", " or an "affiliated companyperson" or a "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor . The Borrower is it not an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are term is defined in the Investment Company Act of 1940Act.
Appears in 1 contract
Samples: Revolving Credit Agreement (Freedom Securiteis Corp /De/)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries the Guarantor is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)
Holding Company and Investment Company Acts. Neither the No Borrower nor any of its their Subsidiaries is a "“holding company"”, or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "“investment company"”, or an "“affiliated company" ” or a "“principal underwriter" ” of an "“investment company"”, as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Holding Company and Investment Company Acts. Neither None of the Borrower nor Borrower, any of its Subsidiaries nor the Guarantor is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)
Holding Company and Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is not a "holding company", ," or a "subsidiary company of a `holding company" of a "holding company", or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it an "investment company", ," or an "affiliated company" or a "principal underwriter" of an "investment company", ," as such terms are defined in the Investment Company Act of 1940.
Appears in 1 contract
