Investment and Holding Company Status. Neither the Borrower nor any of the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 11 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Investment and Holding Company Status. Neither the Borrower nor any of the its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Cole Kenneth Productions Inc), Credit Agreement (Service Corporation International), Credit Agreement (Nelnet Inc)
Investment and Holding Company Status. Neither None of the Borrower nor Borrowers or any of the their Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/)
Investment and Holding Company Status. Neither the Borrower nor any of the its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Input Output Inc), Credit Agreement (Constellation Brands, Inc.)
Investment and Holding Company Status. Neither the Borrower nor any of the its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.. SECTION 3.09
Appears in 3 contracts
Samples: Credit Agreement (Nelnet Inc), Credit Agreement (Nelnet Inc), Credit Agreement (Nelnet Inc)
Investment and Holding Company Status. Neither the Borrower nor any of the Restricted Subsidiaries is an “investment company” or a company “controlled” by an “investment company” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Corp)
Investment and Holding Company Status. Neither the US Borrower nor any of the its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Dynamic Materials Corp), Credit Agreement (Dynamic Materials Corp)
Investment and Holding Company Status. Neither the No Borrower nor any of its Subsidiaries is, nor is controlled by a company other than the Subsidiaries is Lenders and their Affiliates that is, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Possession Credit Agreement (D. E. Shaw Laminar Acquisition Holdings 3, L.L.C.)
Investment and Holding Company Status. Neither the Borrower nor any of the its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.. Section 3.09
Appears in 1 contract
Samples: Revolving Credit Agreement
Investment and Holding Company Status. Neither the Borrower Company nor any of the its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment and Holding Company Status. Neither the Borrower nor any of the Subsidiaries is are (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.of
Appears in 1 contract
Samples: Credit Agreement (Bisys Group Inc)
Investment and Holding Company Status. Neither the Borrower nor any of the Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Rite Aid Corp)
Investment and Holding Company Status. Neither the Borrower Holdings nor any of the its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Facility Agreement (Mead Johnson Nutrition Co)
Investment and Holding Company Status. Neither None of the Borrower nor any of the and its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Loan Agreement (Vitro Sa De Cv)
Investment and Holding Company Status. Neither the Borrower nor any of the Subsidiaries is an “investment company” or a company “controlled” by an “investment company” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940.,
Appears in 1 contract
Samples: Credit Agreement (Cleco Power LLC)
