Common use of Investment Company Act of 1940 Clause in Contracts

Investment Company Act of 1940. Borrower is not an “investment company” as that term is defined in the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Loan Agreement (Laclede Gas Co), Loan Agreement (Laclede Gas Co), Loan Agreement (Laclede Group Inc)

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Investment Company Act of 1940. The Borrower is not an “investment company” as that term is defined in the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc)

Investment Company Act of 1940. Such Borrower is not an “investment company” as that term is defined in the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Alabama Inc)

Investment Company Act of 1940. Borrower is not an “investment company” as that term is defined in or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Koss Corp), Revolving Loan Facility (Lowe David L), Revolving Loan Facility (Lowe David L)

Investment Company Act of 1940. Borrower is not an “investment company” as that term is defined in the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)

Investment Company Act of 1940. Borrower is not an "investment company” as that term is defined in " within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Loan Agreement (Leucadia National Corp), Loan Agreement (Homefed Corp), Loan Agreement (Homefed Corp)

Investment Company Act of 1940. The Borrower is not an "investment company” as that term is defined in " within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Offshore Inc), Credit Agreement (Friede Goldman Halter Inc)

Investment Company Act of 1940. Such Borrower is not an investment company” as that term is defined in company within the meaning of the Investment Company Act of 1940, as amended, or, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company, within the meaning of said Act.

Appears in 1 contract

Samples: Loan Agreement (American Business Financial Services Inc /De/)

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Investment Company Act of 1940. The Borrower is not an "investment company” as that term is defined in " 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 (Integrated Information Systems Inc)

Investment Company Act of 1940. Borrower is not an “investment company” as that term is defined in in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Shoe Carnival Inc)

Investment Company Act of 1940. The Borrower is not an investment company” as that term is defined in company within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Lucas Energy, Inc.)

Investment Company Act of 1940. The Borrower is not an “investment company” as that term is defined in 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 (Geotec Thermal Generators Inc)

Investment Company Act of 1940. No Borrower is not an “investment company” as that term is defined in in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Secured Senior Lending Agreement (Pioneer Financial Services Inc)

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