Common use of Investment and Holding Company Status Clause in Contracts

Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company that is, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 10 contracts

Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, Inc.), Revolving Credit Agreement (Joe's Jeans Inc.)

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Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company that is, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 7 contracts

Samples: Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp)

Investment and Holding Company Status. No Loan Party nor or any of its Subsidiaries is, nor is controlled by a company that is, an “investment company” as defined in, or subject and required to regulation be registered as such under, the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Possession Credit Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc)

Investment and Holding Company Status. No Neither the Loan Party Parties nor any of its Subsidiaries is, nor their subsidiaries is controlled by a company that 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: Revolving Credit Agreement (Talecris Biotherapeutics Holdings Corp.), Second Lien Term Loan Credit Agreement (Talecris Biotherapeutics Holdings Corp.), First Lien Term Loan Credit Agreement (Talecris Biotherapeutics Holdings Corp.)

Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company that is, (a) an “investment company” as defined in, or and subject to regulation under, the Investment Company Act of 19401940 or (b) a “holding company” as defined in, as amendedand subject to regulation under, the Public Utility Holding Company Act of 1935.

Appears in 1 contract

Samples: Bridge Loan Agreement (Toys R Us Inc)

Investment and Holding Company Status. No Loan Party nor any of its their Subsidiaries is, nor is controlled by a company 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: Lease (Orchard Supply Hardware Stores Corp)

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Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company that is, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.. SECTION 3.09

Appears in 1 contract

Samples: Credit Agreement (Independence Contract Drilling, Inc.)

Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company 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: Credit Agreement (Jaco Electronics Inc)

Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is, nor is controlled by a company other than the 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: Investment Agreement (Parent Co)

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