Common use of Investment and Holding Company Status Clause in Contracts

Investment and Holding Company Status. Neither Holdings nor any of the 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 2 contracts

Samples: Credit Agreement (Kansas City Southern Industries Inc), Amendment and Restatement Agreement (Kansas City Southern)

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Investment and Holding Company Status. Neither Holdings nor any of the its Subsidiaries is (a) an "investment company" or a company "controlled" by 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 2 contracts

Samples: Credit Agreement (TBC Corp), Credit Agreement (TBC Corp)

Investment and Holding Company Status. Neither Holdings nor any of the Subsidiaries its subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" 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 (Ohio Logos Inc), Credit Agreement (Lamar Media Corp/De)

Investment and Holding Company Status. Neither Holdings the Company nor any of the its Restricted Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 (other than any Restricted Subsidiary which is not subject to regulation under such statute as a result of an exemption therefrom) or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.

Appears in 2 contracts

Samples: Letter of Credit and Reimbursement Agreement (Contifinancial Corp), Letter of Credit and Reimbursement Agreement (Contifinancial Corp)

Investment and Holding Company Status. Neither Holdings Holdings, --------------------------------------------------- CAIS, Inc. nor any of the 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

Samples: Credit Agreement (Cais Internet Inc)

Investment and Holding Company Status. Neither Holdings the Company nor any of the its Subsidiaries is (a) an "investment company" or a company "controlled" by a company registered as an "investment company", as such terms are defined in, or subject to regulation under, in 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 an "affiliate" of 1935.a company registered as a Senior Secured Credit Agreement

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Iridium Facilities Corp)

Investment and Holding Company Status. Neither Holdings nor any of the Subsidiaries 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 1 contract

Samples: Revolving Credit Agreement (Usec Inc)

Investment and Holding Company Status. Neither Holdings nor any of the 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 1 contract

Samples: Revolving Credit Agreement (Usec Inc)

Investment and Holding Company Status. Neither -------------------------------------- Holdings nor any of the 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 1 contract

Samples: Credit Agreement (United Rentals North America Inc)

Investment and Holding Company Status. Neither Holdings the Company nor any of the its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, in the Investment Company Act of 1940 1940, as amended, that is subject to registration under that Act or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Investment and Holding Company Status. Neither Holdings Holdings, nor the Borrowers nor any of the other Restricted Subsidiaries is (a) an "investment company" or controlled by an entity that is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" or controlled by an entity that is 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 (Caprock Communications Corp)

Investment and Holding Company Status. Neither Holdings nor any of the Subsidiaries its subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Lamar Advertising Co/New)

Investment and Holding Company Status. Neither Holdings nor any of the 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 1 contract

Samples: Credit Agreement (Collins & Aikman Corp)

Investment and Holding Company Status. Neither Holdings the Company nor any of the its Subsidiaries is (a) an "investment company" or a company "controlled" by a company registered as an "investment company", as such terms are defined in, or subject to regulation under, in the Investment Company Act of 1940 or (b) a "holding company" as defined in", or subject to regulation underan "affiliate" of a company registered as a "holding company" or a "subsidiary company" of a company registered as a "holding company", within the meaning of the Public Utility Holding Company Act of 1935.

Appears in 1 contract

Samples: Credit Agreement (Iridium Operating LLC)

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Investment and Holding Company Status. Neither Holdings nor the Borrower nor any of the other 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

Samples: Credit Agreement (Endo Pharmaceuticals Holdings Inc)

Investment and Holding Company Status. Neither Holdings the Company nor any of the its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Benchmark Electronics Inc)

Investment and Holding Company Status. Neither Holdings --------------------------------------------------- Holdings, CAIS, Inc. nor any of the 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

Samples: Credit Agreement (Ardent Communications Inc)

Investment and Holding Company Status. Neither Holdings Company nor any of the its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Asat Holdings LTD)

Investment and Holding Company Status. Neither Holdings it nor any of the Subsidiaries its subsidiaries is (ai) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) 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 and Guaranty Agreement (Wellchoice Inc)

Investment and Holding Company Status. Neither Holdings Holdings, -------------------------------------- the Borrower nor any of the 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

Samples: Credit Agreement (Western Auto Supply Co/)

Investment and Holding Company Status. Neither Holdings Holdings, ------------------------------------- CAIS, Inc. nor any of the 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

Samples: Credit Agreement (Cais Internet Inc)

Investment and Holding Company Status. Neither Holdings ------------------------------------- Holdings, CAIS, Inc. nor any of the 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

Samples: Credit Agreement (Auger Ulysses G Ii)

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