Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 148 contracts
Samples: Credit Agreement (Cornell Companies Inc), Credit Agreement (Wellpoint Health Networks Inc /De/), Credit Agreement (Kinder Morgan Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 77 contracts
Samples: Credit Agreement (Citrix Systems Inc), Assignment and Assumption (First American Corp), Credit Agreement (Northrop Grumman Corp /De/)
Investment and Holding Company Status. Neither any of the Borrower Credit Parties nor any of its the Borrower’s Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 36 contracts
Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (Griffin Realty Trust, Inc.)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.
Appears in 22 contracts
Samples: Credit Agreement (Nelnet Inc), Term Loan Credit Agreement (Henry Schein Inc), Credit Agreement (Nelnet Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 22 contracts
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc), Intercreditor Agreement (Acxiom Corp)
Investment and Holding Company Status. Neither the Borrower Company nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 17 contracts
Samples: Credit Agreement (Corelogic, Inc.), Credit Agreement (Georgia Gulf Corp /De/), Credit Agreement (Fuller H B Co)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 15 contracts
Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Knowles Electronics Holdings Inc), Credit Agreement (Iowa Telecommunications Services Inc)
Investment and Holding Company Status. Neither the Administrative Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 10 contracts
Samples: Credit Agreement, Credit Agreement (Idexx Laboratories Inc /De), Credit Agreement (Idexx Laboratories Inc /De)
Investment and Holding Company Status. Neither the ------------------------------------- Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 10 contracts
Samples: Credit Agreement (Olin Corp), Year Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)
Investment and Holding Company Status. Neither the Borrower Company nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 10 contracts
Samples: Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/)
Investment and Holding Company Status. Neither None of the Parent, Holdings, the Borrower nor or any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 9 contracts
Samples: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media International Inc), Credit Agreement (Dex Media, Inc./New)
Investment and Holding Company Status. Neither the Borrower Company nor any of its Material Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 9 contracts
Samples: Assumption Agreement (Moodys Corp /De/), Credit Agreement (Dun & Bradstreet Corp), Credit Agreement (Dun & Bradstreet Corp /De/)
Investment and Holding Company Status. Neither the The Borrower nor any of its Subsidiaries is not (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 8 contracts
Samples: Credit Agreement (Health Net Inc), Credit Agreement (Health Net Inc), Servicing Agreement (Navistar Financial Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 8 contracts
Samples: Credit Agreement (Marketing Services Inc), Credit Agreement (Argo Tech Corp), Credit Agreement (American Media Operations Inc)
Investment and Holding Company Status. Neither None of Holdings, the Borrower nor or any of its the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 7 contracts
Samples: Credit Agreement (Interline Brands, Inc./De), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)
Investment and Holding Company Status. Neither the The Borrower nor any of its Subsidiaries is not (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 7 contracts
Samples: Credit Agreement (Health Net Inc), Credit Agreement (Health Net Inc), Term Loan Credit Agreement (Health Net Inc)
Investment and Holding Company Status. Neither the Borrower Company nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 7 contracts
Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De), Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De), Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 6 contracts
Samples: Commitment Increase Agreement (Williams Randa Duncan), Commitment Increase Agreement (Williams Randa Duncan), Lender Agreement (Williams Randa Duncan)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Loan and Security Agreement (K-Sea Transportation Partners Lp), Loan and Security Agreement (K-Sea Transportation Partners Lp), Participation and Loan and Security Agreement (K-Sea Tranportation Partners Lp)
Investment and Holding Company Status. Neither any of the Borrower Credit Parties nor any of its the Borrower's Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit Agreement (MVP REIT, Inc.), Credit Agreement (MVP REIT II, Inc.), Credit Agreement (Education Realty Trust, Inc.)
Investment and Holding Company Status. Neither the such Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Advances and Security Agreement (Washington Mutual Inc), Day Credit Agreement (Washington Mutual Inc), Credit Agreement (Washington Mutual Inc)
Investment and Holding Company Status. Neither the Parent Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 5 contracts
Samples: Term Loan and Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Brunswick Corp), Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Investment and Holding Company Status. Neither the Borrower -------------------------------------- nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Credit Agreement (Franklin Electronic Publishers Inc), Credit Agreement (Frontier Corp /Ny/), Credit Agreement (Frontier Corp /Ny/)
Investment and Holding Company Status. Neither the Borrower Company nor any of its Consolidated Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp), Credit Agreement (Amerada Hess Corp)
Investment and Holding Company Status. (a) Neither the Borrower nor any of its Consolidated Subsidiaries is (a) an "investment company" or a company "controlled" by an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.
Appears in 4 contracts
Samples: Credit Agreement (Unisource Energy Corp), Credit Agreement (Tucson Electric Power Co), Term Loan Agreement (Unisource Energy Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is are (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Credit Agreement (Bisys Group Inc), Credit Agreement (Investment Technology Group Inc), Credit Agreement (Penton Media Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/), Credit Agreement (Exodus Communications Inc)
Investment and Holding Company Status. Neither the Borrower Borrowers nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Year Credit Agreement (Automatic Data Processing Inc), 364 Day Credit Agreement (Automatic Data Processing Inc), Year Credit Agreement (Automatic Data Processing Inc)
Investment and Holding Company Status. Neither the U.S. Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit and Guarantee Agreement (Lear Corp /De/), Assignment and Assumption (Perrigo Co), Credit and Guarantee Agreement (Lear Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Newmont Mining Corp /De/), Credit Agreement (Newmont Mining Corp /De/), Credit Agreement (Freeport McMoran Copper & Gold Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated Person" of, or "promoter" or "principal underwriter" for, an "investment company," as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, under the Public Utility Holding Company Act of 19352005.
Appears in 3 contracts
Samples: Credit Agreement (Duncan Dan L), Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Enterprise GP Holdings L.P.)
Investment and Holding Company Status. Neither the Borrower ------------------------------------- nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Us Concrete Inc), Credit Agreement (Par Technology Corp), Credit Agreement (Psinet Inc)
Investment and Holding Company Status. Neither the Parent Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)
Investment and Holding Company Status. Neither any of the Borrower Credit Parties nor any of its Borrower’s Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Vinebrook Homes Trust, Inc.), Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 3 contracts
Samples: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Investment and Holding Company Status. Neither the -------------------------------------- Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Citation Corp /Al/), Credit Agreement (Triton Energy LTD), Vestar Associates Corp Iii
Investment and Holding Company Status. Neither the any Borrower nor any of its Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Fort James Corp), Credit Agreement (General Cable Corp /De/), Credit Agreement (Fort Howard Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (ai) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Five Year Credit Agreement, Credit Agreement (Gatx Financial Corp), Year Credit Agreement (Gatx Financial Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. The Borrower is not subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Shamrock Logistics Lp), Credit Agreement (Valero L P)
Investment and Holding Company Status. Neither the Parent Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Wilson Greatbatch Technologies Inc), Credit Agreement (Greatbatch, Inc.)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, [Credit Agreement [Three Year]] the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Gatx Financial Corp), Credit Agreement (Gatx Financial Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any of its their Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation regula tion under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Transmedia Network Inc /De/), Credit Agreement (Tricon Global Restaurants Inc)
Investment and Holding Company Status. Neither the Borrower Company nor any of its the Borrowing Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (TRW Inc), Credit Agreement (TRW Inc)
Investment and Holding Company Status. Neither None of the ------------------------------------- Borrower nor or any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Ixl Enterprises Inc), Credit Agreement (Agw Leasing Co Inc)
Investment and Holding Company Status. Neither the Lead Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Dillards Inc), Credit Agreement (Dillards Inc)
Investment and Holding Company Status. Neither None of the Borrower nor any of and its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” or “subsidiary company” of a holding company as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Loan Agreement (Vitro Sa De Cv), Loan Agreement (Vitro Sa De Cv)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 2 contracts
Samples: Credit Agreement (P F Changs China Bistro Inc), Credit Agreement (Select Comfort Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is are (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935; nor are any of them subject to any other statute or regulation which prohibits or restricts the incurrence of Indebtedness under the Loan Documents or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in", or subject to regulation undera company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940 1940, as amended. Neither the Borrower nor any of its Subsidiaries is a "holding company", or (b) an "affiliate" of a "holding company" as defined inor a "subsidiary company" of a "holding company", or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Wright Express CORP), Credit Agreement (Wright Express CORP)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or a company "controlled" by an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (TBC Corp), Credit Agreement (TBC Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (American Media Operations Inc), Credit Agreement (Argo Tech Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 2 contracts
Samples: Credit Agreement (P F Changs China Bistro Inc), Credit Agreement (Parexel International Corp)
Investment and Holding Company Status. Neither the a Borrower nor any of its their Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging Trust Inc)
Investment and Holding Company Status. Neither the any Borrower nor any of its their Material Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any of its their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Advance Stores Co Inc), Credit Agreement (Advance Auto Parts Inc)
Investment and Holding Company Status. Neither the Company, the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Home Properties of New York Inc), Credit Agreement (Home Properties of New York Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its the Subsidiaries is are (ai) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (A C Moore Arts & Crafts Inc), Credit Agreement (Marketing Services Group Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Alec Holdings Inc), Credit Agreement (Maxxim Medical Inc/Tx)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) required to register as an "“investment company" ” as defined in, or subject to regulation under, in the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Friedman Billings Ramsey Group Inc), Credit Agreement (Friedman Billings Ramsey Group Inc)
Investment and Holding Company Status. Neither None of the Borrower nor Borrowers or any of its their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/
Investment and Holding Company Status. Neither Holdings nor the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Secured Term Loan Agreement (H&f Investors Iv LLC), Secured Term Loan Agreement (Silver Lake Investors Lp)
Investment and Holding Company Status. Neither -------------------------------------- Holdings, the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Eagle Family Foods Inc, Eagle Family Foods Inc
Investment and Holding Company Status. Neither the Company, the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.10.
Appears in 1 contract
Investment and Holding Company Status. Neither the U.S. Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Perrigo Co)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Borrower Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Wilson Greatbatch Technologies Inc)
Investment and Holding Company Status. Neither the Borrower nor ------------------------------------- any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower -------------------------------------- Company, the Borrowers nor any of its the Restricted Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company", or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Coho Energy Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ’ as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Ultralife Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, in the Investment Company Act of 1940 1940, as amended, that is subject to registration under that Act or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Brunswick Corp)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.. 3.9
Appears in 1 contract
Samples: Credit Agreement (Food Lion Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 (other than any Restricted Subsidiary which is not subject to regulation under such statute as a result of an exemption therefrom) or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined inin , or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Loan and Security Agreement (Acme Communications Inc)
Investment and Holding Company Status. (a) Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, company within the meaning of the Investment Company Act of 1940 1940, as amended, or, directly or (b) a "holding indirectly, controlled by or acting on behalf of any Person which is an investment company" as defined in, or subject to regulation under, within the Public Utility Holding Company Act meaning of 1935said Act.
Appears in 1 contract
Samples: Credit Agreement (Luminex Corp)
Investment and Holding Company Status. Neither the -------------------------------------- Parent Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Armkel LLC)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) required to be registered as an "“investment company" ” as defined in, or subject to regulation under, in the Investment Company Act of 1940 or (b) a "“holding company" ” or a “subsidiary company” or an Affiliate of a “holding company” as defined in, or subject to regulation under, in the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Primary Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Investment and Holding Company Status. Neither None of the Borrower nor or any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the ------------------------------------- Company, the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its the Restricted Subsidiaries is (ai) an "investment company" or a company "controlled" by an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (bii) a "holding company" as defined in", or subject to regulation underan "affiliate" or "subsidiary company" of a "holding company", as those terms are defined in the Public Utility Holding Company Act of 1935, as amended, in each case which is subject to registration thereunder.
Appears in 1 contract
Samples: Credit Agreement (Cleco Power LLC)
Investment and Holding Company Status. Neither None of the Borrower nor or any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower , nor ALOSKI, nor any of its their respective Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” or a “subsidiary company” of a “holding company”, or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Matrix Service Co)
Investment and Holding Company Status. Neither the ------------------------------------- Company, Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Center Trust Inc)
Investment and Holding Company Status. Neither the Borrower nor any of its Subsidiaries nor Enterprise GP is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither ------------------------------------- Holdings, the Borrower nor any of its their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither None of the Borrower Borrowers nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Zale Corp)
Investment and Holding Company Status. Neither the any Borrower nor any of its Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation regula tion under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of its Significant Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither -------------------------------------- Holdings, the Borrower nor any of its their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Laralev Inc
Investment and Holding Company Status. Neither -------------------------------------- Limited, the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither the Initial Borrower, the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
