Investment and Holding Company Status. Neither the 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 25 contracts
Samples: Subordinated Note Purchase Agreement (Nuco2 Inc /Fl), Credit Agreement (Bergen Brunswig Corp), Credit Agreement (Ikon Office Solutions Inc)
Investment and Holding Company Status. Neither the Company nor any of its Subsidiaries is (a) an "βinvestment company" β 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 12 contracts
Samples: Credit Agreement (Bristol Myers Squibb Co), Credit Facility Agreement (Bristol Myers Squibb Co), Credit Agreement (Bristol Myers Squibb 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 3 contracts
Samples: Credit Agreement (Fedex Corp), Day Credit Agreement (Fedex Corp), Fedex Corp
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 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: Participation and Loan and Security Agreement (K-Sea Transportation Partners Lp)
Investment and Holding Company Status. Neither the Company Borrowers 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
