Investment Companies. Neither the Borrower nor any of its Subsidiaries 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."
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Samples: Revolving Credit Facility (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /), Revolving Credit Facility (Triumph Group Inc /)
Investment Companies. Neither the Borrower nor any of its Material Subsidiaries is an "investment company" registered or required to be registered under company within the meaning of the Investment Company Act of 1940 1940, as amended, or, directly or under the "control" indirectly, controlled by or acting on behalf of any person which is an "investment company" as such terms are defined in , within the Investment Company Act meaning of 1940 and shall not become such an "investment company" or under such "controlsaid Act."
Appears in 3 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), $90,000,000 Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Investment Companies. Neither the Borrower nor any of its Subsidiaries 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."”
Appears in 2 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc /)
Investment Companies. Neither the Borrower nor any Subsidiaries of its Subsidiaries the Borrower 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."" Neither the Borrower nor any Subsidiaries of the Borrower is subject to any other federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.
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