Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Affinity Group Holding, Inc.), Note Purchase Agreement (Affinity Group Inc), Note Purchase Agreement (Affinity Group Holding, Inc.)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 7 contracts
Samples: Guarantee and Security Agreement (Nextel Communications Inc), Credit Agreement (Nextel Communications Inc), Credit Agreement (Lamar Advertising Co)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "“bank holding company" ” as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 5 contracts
Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "“bank holding company" ” as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Lbi Media Holdings Inc), Term Loan Agreement (Lbi Media Holdings Inc), Credit and Security Agreement (Ufp Technologies Inc)
Investment and Holding Company Status. No Neither of the Credit Party Parties nor any of their respective the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 5 contracts
Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "“bank holding company" ” as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Affinity Group Holding, Inc.), Second Lien (Affinity Group Inc), Credit Agreement (Affinity Group Holding Inc)
Investment and Holding Company Status. No Neither such Credit Party nor any of their respective its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Axis Capital Holdings LTD), Credit Agreement (Cornerstone Core Properties REIT, Inc.), Credit Agreement (Axis Capital Holdings LTD)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Liberman Television Inc), Term Loan Agreement (Novamerican Steel Inc), Credit and Security Agreement (Alternative Resources Corp)
Investment and Holding Company Status. No Neither any Credit Party nor any of their respective Subsidiaries Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "“bank holding company" ” as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (Progenity, Inc.), Credit and Security Agreement (Progenity, Inc.)
Investment and Holding Company Status. No None of the Credit Party nor any of their respective Subsidiaries Parties is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.)
Investment and Holding Company Status. No Credit Party nor Neither any of the Credit Parties nor their respective Subsidiaries is (a) an "“investment company" ” or is “controlled” by an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Continental Airlines Inc /De/), Credit Agreement (Paradyne Networks Inc)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries Parties is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.. Credit Agreement
Appears in 1 contract
Samples: Guarantee and Security Agreement (Nextel Communications Inc)
Investment and Holding Company Status. No Neither any Credit Agreement Party nor any of their respective its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 1 contract
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 1 contract
Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.. Vendor Financing Agreement 50 -45-
Appears in 1 contract
Samples: Guarantee and Security Agreement (Nextel Communications Inc)
