Common use of Investment Company Act and Public Utility Holding Company Act Clause in Contracts

Investment Company Act and Public Utility Holding Company Act. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not 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 (Borden Chemicals & Plastics Limited Partnership /De/), Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

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Investment Company Act and Public Utility Holding Company Act. The Borrower is not (A) an "investment company" ” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not 1940 or (B) a "holding company" as defined in, or in and subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Loan Agreement (Airtran Holdings Inc)

Investment Company Act and Public Utility Holding Company Act. The Borrower is not (a) an "investment company" ” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not ; or (b) a "holding company" as defined in, ,” a “subsidiary company” of a “holding company” or subject to regulation under, an “affiliate” of either of the foregoing entities within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Appears in 1 contract

Samples: Loan Agreement

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Investment Company Act and Public Utility Holding Company Act. The Borrower is not neither an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not a "holding company" as defined in, or subject to regulation under, the Investment Company Act of 1940 nor a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Diamond Shamrock Inc)

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