Investment and Holding Company Status. None of Holdings, the Borrower or any of 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 9 contracts
Samples: Credit Agreement (SCG Holding Corp), Credit Agreement (Donjoy LLC), Credit Agreement (Aerolink International Inc)
Investment and Holding Company Status. None of Holdings, the either Borrower or any of 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 (Seagate Technology Malaysia Holding Co Cayman Islands), Credit Agreement (Veritas Software Technology Corp)
Investment and Holding Company Status. None of Holdingsthe Holding Companies, the Borrower Borrowers or any of 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 (Boise Cascade Holdings, L.L.C.), Credit Agreement (Boise Cascade Holdings, L.L.C.)
Investment and Holding Company Status. None of Holdings, Neither the Borrower or nor any of 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. SECTION 3.09.
Appears in 2 contracts
Samples: Credit Agreement (Pathmark Stores Inc), Credit Agreement (Supermarkets General Holdings Corp)
Investment and Holding Company Status. None of Holdings, the Borrower or any of the 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 (Hawaiian Telcom Communications, Inc.)
Investment and Holding Company Status. None of Holdings, the Borrower or any of the 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" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 1 contract
Investment and Holding Company Status. None of Holdings, the Borrower or any of the 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 1 contract
