Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 7 contracts
Samples: Credit Agreement (Select Medical Corp), Credit Agreement (Select Medical Corp), Credit Agreement (Select Medical Holdings Corp)
Investment and Holding Company Status. Neither Holdings, None of the Borrower nor or any Subsidiary 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.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (Nasdaq Stock Market Inc), Credit Agreement (Nasdaq Stock Market Inc), Bridge Loan Agreement (Nasdaq Stock Market Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower Holdings nor any Restricted Subsidiary 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.
Appears in 6 contracts
Samples: Aircraft Dry Lease (Williams Companies Inc), Purchase and Sale Agreement (Williams Companies Inc), Aircraft Dry Lease (Williams Companies Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (CSX Corp), Credit Agreement (Lydall Inc /De/), Credit Agreement (CSX Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 4 contracts
Samples: Credit Agreement (CSX Corp), 364 Day Revolving Credit Agreement (CSX Corp), 364 Day Revolving Credit Agreement (CSX Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.), Revolving Credit Agreement (Rackspace Hosting, Inc.), Revolving Credit Agreement (Carriage Services Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower Company nor any Subsidiary 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” or 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 2 contracts
Samples: Credit Agreement (Crane Co /De/), Credit Agreement (Crane Co /De/)
Investment and Holding Company Status. Neither Holdings, the Parent Borrower nor any Subsidiary of its Subsidiaries (including the Receivables Subsidiary) 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.
Appears in 2 contracts
Samples: Credit Agreement (Metaldyne Corp), Credit Agreement (Mascotech Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any 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.
Appears in 2 contracts
Samples: Credit Agreement (Daisy Parts Inc), Credit Agreement (Epmr Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any 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.
Appears in 2 contracts
Samples: Credit Agreement (Nl Industries Inc), Credit Agreement (BMC Software Inc)
Investment and Holding Company Status. Neither Holdings, the No Borrower nor any Subsidiary of any Borrower 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.
Appears in 2 contracts
Samples: Credit Agreement (Circuit City Stores Inc), Credit Agreement (Circuit City Stores Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Significant Subsidiary 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.
Appears in 2 contracts
Samples: Credit Agreement (M&t Bank Corp), Credit Agreement (M&t Bank Corp)
Investment and Holding Company Status. Neither None of Holdings, the Borrower nor or any Subsidiary 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.
Appears in 2 contracts
Samples: Credit Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)
Investment and Holding Company Status. Neither Intermediate Holdings, the Borrower nor any Subsidiary 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.
Appears in 1 contract
Samples: Credit Agreement (Wix Filtration Media Specialists, Inc.)
Investment and Holding Company Status. Neither Holdings, the Borrower ------------------------------------- nor any Subsidiary 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.
Appears in 1 contract
Investment and Holding Company Status. Neither Holdings, the Borrower Holdings nor any Subsidiary 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.
Appears in 1 contract
Investment and Holding Company Status. Neither Holdings, the Parent Borrower nor any Subsidiary of its Subsidiaries (including the Receivables Subsidiary) 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 regula tion under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Metaldyne Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 1 contract
Samples: Credit Agreement (Select Specialty Hospital Topeka Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary 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.
Appears in 1 contract
Samples: Credit Agreement (St. Louis Pharmaceutical Services, LLC)
Investment and Holding Company Status. Neither Holdings, the ------------------------------------- Borrower nor any Subsidiary 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.
Appears in 1 contract
Investment and Holding Company Status. (a) Neither Holdings, the Borrower nor any Subsidiary 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, 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
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the 35 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.
Appears in 1 contract
Samples: Credit Agreement (Sysco Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Restricted Subsidiary 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 regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Restricted Subsidiary 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 regula-tion under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. Neither Holdings, the such Subsidiary Borrower nor any Subsidiary of its Consolidated 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.
Appears in 1 contract
Samples: Credit Agreement (Amerada Hess Corp)
