Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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 27 contracts
Samples: Financing Agreement (Elgar Holdings Inc), Financing Agreement (Outsource International Inc), Financing Agreement (Solutia Inc)
Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, or (ii) an "“investment company" ” or an "“affiliated person" ” or "“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 19 contracts
Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (High Voltage Engineering Corp)
Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, ; or (ii) an "investment company" or an "affiliated person" or "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: Senior Loan Agreement (DSW Inc.), Senior Loan Agreement (Retail Ventures Inc), Senior Subordinated Convertible Loan Agreement (Value City Department Stores Inc /Oh)
Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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: Financing Agreement (Milacron Inc), Financing Agreement (Milacron Inc), Financing Agreement (Milacron Inc)
Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, or (ii) an "investment company" or an "affiliated personcontrolled by" or "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: Financing Agreement (Allied Holdings Inc), Financing Agreement (Allied Holdings Inc)
Holding Company and Investment Company Acts. None of Neither the Company nor any other Loan Parties Party is (i) 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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.
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Holding Company and Investment Company Acts. None of the Loan Parties is (ia) 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, as amended, or (iib) an "“investment company" ” or an "“affiliated person" ” or "“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
Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)
Holding Company and Investment Company Acts. None of Neither the Company ------------------------------------------- nor any other Loan Parties Party is (i) 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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. None of the Loan ------------------------------------------- Parties 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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
Samples: Financing Agreement (Lernout & Hauspie Speech Products Nv)
Holding Company and Investment Company Acts. None of the Loan Parties 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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. None of the Domestic Loan Parties 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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
Samples: Financing Agreement (Metallurg Inc)
Holding Company and Investment Company Acts. None of the Loan Parties nor any of 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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
Samples: Financing Agreement (Tri State Outdoor Media Group Inc)
Holding Company and Investment Company Acts. None of the Loan Parties is (ia) 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, as amended, or (iib) an "“investment company" ” or an "“affiliated person" ” or "“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. None of the Loan Parties 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, as amended, or (ii) an "“investment company" ” or an "“affiliated person" ” or "“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. None of the Loan Parties 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, as amended, or (ii) an "“investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", ” as such terms are term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Holding Company and Investment Company Acts. None of Neither the Company ------------------------------------------- nor any other Loan Parties Party is (i) 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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. None of Neither the Company nor any other Loan Parties Party 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, as amended, or (ii) an "investment company" or an "affiliated person" or "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.
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