Investment and Holding Company Status. None of the Borrower Parties is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 11 contracts
Samples: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)
Investment and Holding Company Status. None of the Borrower Parties is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”", or an “"affiliate” " of a “"holding company” " or a “"subsidiary company” " of a “"holding company”", as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Construction Loan Agreement (Vail Resorts Inc), Construction Loan Agreement (Vail Resorts Inc), Loan Agreement (Glimcher Realty Trust)
Investment and Holding Company Status. None of the Borrower Loan ------------------------------------- Parties is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, " or a "subsidiary company" of a "holding company" or an “"affiliate” " of a “"holding company” " or a “subsidiary company” of a “holding company”, "public utility" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)
Investment and Holding Company Status. None of the Borrower -------------------------------------- Loan Parties is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of 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 (Advanced Radio Telecom Corp), Advanced Radio Telecom Corp
Investment and Holding Company Status. None of Neither the Borrower Parties nor any other Loan Party is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Term Loan Agreement (Lubys Inc), Credit Agreement (Lubys Inc)
Investment and Holding Company Status. None of the Borrower ------------------------------------- Loan Parties is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Security Agreement (Leap Wireless International Inc)
Investment and Holding Company Status. None of the Neither Borrower Parties nor any other Loan Party is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of 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 Borrower Parties nor any other Loan Party is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of 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 (Lubys Inc)
Investment and Holding Company Status. None of the Neither Borrower Parties nor any other Loan Party is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of 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 Borrower Parties is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company”, ," or an “"affiliate” " of a “"holding company” " or a “"subsidiary company” " of a “"holding company”, ," as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
