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: Credit Agreement (Bergen Brunswig Corp), Senior Subordinated Note Purchase Agreement (Nuco2 Inc /Fl), Credit Agreement (Carey Diversified LLC)
Investment and Holding Company Status. Neither the Company Borrower nor any of its the Subsidiaries is are (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: Credit Agreement (Penton Media Inc), Credit Agreement (Penton Media Inc), Credit Agreement (Investment Technology Group Inc)
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: 364 Day Credit Agreement (Fedex Corp), Credit Agreement (Fedex Corp), 364 Day Credit Agreement (Fedex Corp)
Investment and Holding Company Status. Neither the Company nor any of its Subsidiaries Subsidiary 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 (Photronics Inc), Credit Agreement (Sysco Corp), Revolving Credit Facility Agreement (Albany International Corp /De/)
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 Borrower nor any of its Subsidiaries is is
(a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or 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. 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
