Investment and Holding Company Status. None of the Company 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" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Day Credit Agreement (Kellogg Co), Credit Agreement (Kellogg Co), Bridge Credit Agreement (Kellogg Co)
Investment and Holding Company Status. None of the Company Holdings 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" ” 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 (American Standard Companies Inc), Day Credit Agreement (American Standard Companies Inc), Credit Agreement (American Standard Companies Inc)
Investment and Holding Company Status. None of the Company and its or any of Subsidiaries is (a) an "“investment company" as defined in, ” registered or subject required to regulation under, be registered 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 (Fortune Brands Inc), Credit Agreement (Fortune Brands Inc), Year Revolving Credit Agreement (Fortune Brands Inc)
Investment and Holding Company Status. None of the The Company and 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 3 contracts
Samples: Note Purchase Agreement (E Loan Inc), Purchase Agreement (Ribozyme Pharmaceuticals Inc), Purchase Agreement (Ribozyme Pharmaceuticals Inc)
Investment and Holding Company Status. None of Neither the Company and 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 3 contracts
Samples: Five Year Credit Agreement (Moodys Corp /De/), Credit Agreement (Dun & Bradstreet Corp/Nw), Credit Agreement (Dun & Bradstreet Corp/Nw)
Investment and Holding Company Status. None Neither the Company nor any of the Company 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" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Sungard Data Systems Inc), Assignment and Assumption (Expedia, Inc.), Five Year Credit Agreement (Sungard Data Systems Inc)
Investment and Holding Company Status. None of the Company and its Borrowers nor any of 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: Secured Revolving Credit Agreement (Kaiser Aluminum Corp), Revolving Credit Agreement (Water Pik Technologies Inc)
Investment and Holding Company Status. None of the Company and its Subsidiaries -------------------------------------- Borrowers 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 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 (Unisource Worldwide Inc), Credit Agreement (Unisource Worldwide Inc)
Investment and Holding Company Status. None No Obligor or any of the Company 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" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Microfinancial Inc), Note Purchase Agreement (Microfinancial Inc)
Investment and Holding Company Status. None Neither Holdings nor any of the Company and 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. None Neither Holdings nor any of the Company 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" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Kansas City Southern), Pledge Agreement (Kansas City Southern Industries Inc)
Investment and Holding Company Status. None of the Company and its or any of Subsidiaries is (a) an "investment company" as defined in, registered or subject required to regulation under, be registered 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: Fortune Brands Inc, Fortune Brands Inc
Investment and Holding Company Status. None Neither the Company nor any of the Company 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" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Investment and Holding Company Status. None of Neither the Company and 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 2 contracts
Samples: Reimbursement Agreement (Contifinancial Corp), Letter of Credit And (Contifinancial Corp)
Investment and Holding Company Status. None of -------------------------------------- Catalytica, the Company and its 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 1 contract
Samples: Credit Agreement (Catalytica Inc)
Investment and Holding Company Status. None of Neither the Company and 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 1 contract
Samples: Credit Agreement (Imc Global Inc)
Investment and Holding Company Status. None of Neither the ------------------------------------- Company and nor 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 (Griffon Corp)
Investment and Holding Company Status. None of Neither the Company and 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 1 contract
Investment and Holding Company Status. None of (a) Neither the Company and 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" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 1 contract
Samples: Credit Agreement (Pg&e Gas Transmission Northwest Corp)
Investment and Holding Company Status. None Neither Holdings nor any of the Company 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" 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. None of Neither the Company and nor any of its Subsidiaries is (a) an "investment company" or a company "controlled" by a company registered as an "investment company", as such terms are 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 an "affiliate" of 1935.a company registered as a Senior Secured Credit Agreement
Appears in 1 contract
Samples: Pledge and Security Agreement (Iridium Facilities Corp)
Investment and Holding Company Status. None of the Company and its Subsidiaries Loan Parties, Shareholders, Sponsors or any of 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
Samples: Common Agreement (Velocom Inc)
Investment and Holding Company Status. None of Neither the Company and nor any of its Subsidiaries is (a) an "investment company" or a company "controlled" by a company registered as an "investment company", as such terms are 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 underan "affiliate" of a company registered as a "holding company" or a "subsidiary company" of a company registered as a "holding company", within the meaning of the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. None Neither Holdings nor any of the Company 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" ” 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. None of -------------------------------------- Catalytica, the Company and its Borrower or any of 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
Investment and Holding Company Status. None of the Company and or 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: Indenture (Wki Holding Co Inc)
Investment and Holding Company Status. None No Obligor nor any of the Company and 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 1 contract
Investment and Holding Company Status. None Neither Holdings nor any of the Company and 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 1 contract
Investment and Holding Company Status. None of Neither the Company and 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. None Neither Company nor any of the Company and 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
Investment and Holding Company Status. None Neither it nor any of the Company and its Subsidiaries 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 1 contract
Investment and Holding Company Status. None of the Company and or 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: Wki Holding Co Inc
Investment and Holding Company Status. None Neither the -------------------------------------- Company nor any of the Company 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" 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. None of the Company and its Borrowers or 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 1 contract
Samples: Credit Agreement (Compressco Inc)
