Investment Company Act Not Applicable. The Borrower is not an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Term Loan Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Term Loan Agreement (Eastgroup Properties Inc)
Investment Company Act Not Applicable. The Borrower is not an "“investment company"”, or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Loan Agreement (Andersons, Inc.), Loan Agreement (Andersons Inc), Loan Agreement (Andersons Inc)
Investment Company Act Not Applicable. The Borrower is not an "“investment company", ” or a company "person “controlled" ” by an "“investment company", ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (St Lawrence Seaway Corp), Credit Agreement (Recovery Energy, Inc.), Credit Agreement (Recovery Energy, Inc.)
Investment Company Act Not Applicable. The Borrower is not an "“investment company"”, or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Nb Finance Corp), Credit Agreement (Archstone Smith Trust), Credit Agreement (Archstone Smith Operating Trust)
Investment Company Act Not Applicable. The Borrower is not (i) an "“investment company"”, or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amendedamended or (ii) subject to any other applicable law which purports to restrict its ability to borrow money or obtain other extensions of credit or to consummate the transactions contemplated herein or to perform its obligations under any Credit Document to which it is a party.
Appears in 3 contracts
Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)
Investment Company Act Not Applicable. The Borrower is not an "investment company", " or a company person "controlled" by an "investment company", " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Kodiak Oil & Gas Corp), Credit Agreement (Columbus Energy Corp), Credit Agreement (Infinity Inc)
Investment Company Act Not Applicable. The No Borrower is not an "“investment company", ” or a company "person “controlled" ” by an "“investment company", ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Hawker Energy, Inc.), Credit Agreement (Intrepid Potash, Inc.)
Investment Company Act Not Applicable. The No Borrower is not an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Allied Defense Group Inc), Revolving Credit Agreement (Cross Continent Auto Retailers Inc M&l)
Investment Company Act Not Applicable. The Borrower is not an ------------------------------------- "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Archstone Communities Trust/), Credit Agreement (Security Capital Pacific Trust)
Investment Company Act Not Applicable. The Borrower is not an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Loan Agreement (Andersons Inc)
Investment Company Act Not Applicable. The Neither Borrower is not an "investment company", " or a company person "controlled" by an "investment company", " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act Not Applicable. The Borrower is not (i) an "“investment company"”, or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended.amended or (ii) subject to any other applicable law which purports to restrict its ability to borrow money or obtain other extensions of credit or to consummate the transactions contemplated herein or to perform its obligations under any Credit Document to which it is a party. 4.12
Appears in 1 contract
Investment Company Act Not Applicable. The Borrower is not an ------------------------------------- "investment company", " or a company person "controlled" by an "investment company", " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
