Common use of Investment Companies; Regulated Entities Clause in Contracts

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 24 contracts

Samples: Continuing Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Covance Inc)

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Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 22 contracts

Samples: Credit Agreement (Roundys Inc), Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation Law limiting its ability to incur Indebtedness for borrowed money.

Appears in 22 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CNX Resources Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 14 contracts

Samples: Credit Agreement (Freemarkets Inc), Credit Agreement (Novacare Employee Services Inc), Credit Agreement (Primesource Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” 1940. None of the Loan Parties or any Subsidiaries of any Loan Party is are subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 6 contracts

Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries Subsidiary of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 6 contracts

Samples: Pledge Agreement (Arch Coal Inc), Note Pledge Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is are subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 5 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneymoney (other than Regulation X of the Board of Governors of the Federal Reserve System).

Appears in 4 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc), Credit Agreement (Hovnanian Enterprises Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 4 contracts

Samples: Credit Agreement (CONSOL Energy Inc), Joinder and Assumption Agreement (CONSOL Energy Inc), Joinder and Assumption Agreement (CONSOL Energy Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 4 contracts

Samples: Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries Subsidiary of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries Subsidiary of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (Ptek Holdings Inc), Credit Agreement (Grubb & Ellis Co), Credit Agreement (Grubb & Ellis Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (Vulcan Asphalt Refining Corp), Credit Agreement (Independent Gasoline & Oil Co of Rochester), Credit Agreement (Westmoreland Coal Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any No Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any ”. No Loan Party is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (ExOne Co), Credit Agreement (ExOne Co), Credit Agreement (ExOne Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Assignment and Assumption Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries Restricted Subsidiary of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries Restricted Subsidiary of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyIndebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Assignment and Assumption Agreement (Koppers Holdings Inc.), Security Agreement (Koppers Holdings Inc.)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” ". None of the Loan Parties or any Subsidiaries of any Loan Party is are subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is are subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any No Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall will not become such an "investment company" or under such "control.” None of the Loan Parties or any Subsidiaries of any " No Loan Party is subject to any other Federal federal, local or state statute statute, rule or regulation limiting its said Loan Party's ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Construction and Mini Perm Loan Agreement (HMG Courtland Properties Inc), Construction Loan Agreement (Investors Real Estate Trust)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” 1940. None of the Loan Parties or any Subsidiaries of any Loan Party is are subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness Debt for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (Open Text Corp), Bridge Loan Agreement (Open Text Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or nor any Subsidiaries Subsidiary of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” 1940, as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” amended. None of the Loan Parties or any Subsidiaries of any Loan Party is subject as a regulated entity to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Glatfelter Corp), Fourth Restatement Agreement (Glatfelter Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (Suburban Lodges of America Inc), Credit Agreement (Bell Oil Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any No Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall will not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any No Loan Party is subject to any other Federal federal, local or state statute statute, rule or regulation limiting its said Loan Party’s ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Construction and Mini Perm Loan Agreement (Cottonwood Multifamily Opportunity Fund, Inc.), Construction Loan Agreement (CNL Growth Properties, Inc.)

Investment Companies; Regulated Entities. None of the Loan Parties or any their Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any their Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

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

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any No Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Loan Agreement (Israel Technology Acquisition Corp.), Loan Agreement (Israel Technology Acquisition Corp.)

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Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” 1940, as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” amended. None of the Loan Parties or any Subsidiaries of any Loan Party is subject as a regulated entity to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.. 119

Appears in 1 contract

Samples: Credit Agreement (Glatfelter Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.any

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Resource Partners L P)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any -52- 61 other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” None of the Loan Parties or any Subsidiaries of any " No Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Integrated Alarm Services Group Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal Table of Contents federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (WESTMORELAND COAL Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any -40- 50 other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Party City Corp)

Investment Companies; Regulated Entities. None of the Loan Parties Borrowers or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties Borrowers or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries Subsidiary of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries Subsidiary of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money. 6.1.20.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” 1940, as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” amended. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall does not become anticipate becoming such an "investment company" or under such "control.” " at any time prior to the Expiration Date. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Viasys Healthcare Inc)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” ". None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” ". None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyIndebtedness.

Appears in 1 contract

Samples: Credit Agreement (Koppers Holdings Inc.)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal, local or state statute statute, rule or regulation limiting its said Loan Party’s ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Construction Loan Agreement (Forestar Group Inc.)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered as an "investment company" under the Investment Company Act of 1940 or under the “control” of an “investment company” 1940, as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” amended. None of the Loan Parties or any Subsidiaries of any Loan Party is subject as a regulated entity to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Investment Companies; Regulated Entities. None of the Loan Parties or any Subsidiaries of any Loan Party is an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” ”. None of the Loan Parties or any Subsidiaries of any Loan Party is subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

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