Common use of Investment Company Act Not Applicable Clause in Contracts

Investment Company Act Not Applicable. Neither the Borrower nor any Subsidiary is 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 (Southern Union Co), Revolving Credit Agreement (Southern Union Co), Credit Agreement (Southern Union Co)

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Investment Company Act Not Applicable. Neither the Borrower nor any Subsidiary is 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 3 contracts

Samples: Revolving Credit Agreement (Southern Union Co), Credit Agreement (Southern Union Co), Revolving Credit Agreement (Southern Union Co)

Investment Company Act Not Applicable. Neither the Borrower nor any Subsidiary thereof is 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 3 contracts

Samples: Revolving Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc)

Investment Company Act Not Applicable. Neither the ------------------------------------- Borrower nor any Subsidiary is an "investment company" or a company com- pany "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Southern Union Co), Revolving Credit Agreement (Southern Union Co)

Investment Company Act Not Applicable. Neither None of the Borrower nor any Subsidiary of its Subsidiaries is 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 (Leucadia National Corp), Credit Agreement (National Beef Packing Co LLC)

Investment Company Act Not Applicable. Neither the Borrower nor any Subsidiary of its Subsidiaries is 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 (Mens Wearhouse Inc), Pledge and Security Agreement (Mens Wearhouse Inc)

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Investment Company Act Not Applicable. Neither the Borrower nor any Subsidiary is 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: Revolving Credit Agreement (Southern Union Co)

Investment Company Act Not Applicable. Neither the Borrower nor or any Subsidiary of its Subsidiaries is 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 (Steck Vaughn Publishing Corp)

Investment Company Act Not Applicable. Neither the Revolving Borrower nor any Subsidiary is 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: Pledge and Security Agreement (Mens Wearhouse Inc)

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