Investment Company Act; Other Regulations. No Group Member is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreement.
Appears in 4 contracts
Samples: Third Amendment Agreement (KAR Auction Services, Inc.), Incremental Commitment Agreement and Second Amendment (KAR Auction Services, Inc.), Incremental Commitment Agreement (KAR Auction Services, Inc.)
Investment Company Act; Other Regulations. No Group Member is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Loan Party is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this AgreementAgreement or the Unsecured Notes.
Appears in 3 contracts
Samples: Credit Agreement (Adesa California, LLC), Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Carbuyco, LLC)
Investment Company Act; Other Regulations. No None of the Group Member Members is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither None of the Borrower nor any Material Subsidiary Group Members is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the BoardBoard of Governors) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 3 contracts
Samples: Amendment No. 2 (JELD-WEN Holding, Inc.), Revolving Credit Agreement (JELD-WEN Holding, Inc.), Amendment No. 1 (JELD-WEN Holding, Inc.)
Investment Company Act; Other Regulations. No Group Member is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Loan Party is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur incur Indebtedness under this AgreementAgreement or the Senior Unsecured Indenture.
Appears in 2 contracts
Samples: Credit Agreement (IAA Acquisition Corp.), Credit Agreement (Insurance Auto Auctions, Inc)
Investment Company Act; Other Regulations. No Group Member is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Group Member is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (American Real Estate Partners L P), Credit Agreement (American Real Estate Partners L P)
Investment Company Act; Other Regulations. No Group Member is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Group Member is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (NGAS Resources Inc), Credit Agreement (NGAS Resources Inc)
Investment Company Act; Other Regulations. No Group Member is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this AgreementAgreement or the Existing Unsecured Notes.
Appears in 1 contract
Investment Company Act; Other Regulations. No Group Member is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Group Member is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that which limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. No Restricted Group Member is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Restricted Group Member is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 1 contract
Samples: Second Lien Credit Agreement (American Skiing Co /Me)
Investment Company Act; Other Regulations. No Group Member is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Material Subsidiary No Group Member is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. No None of the Group Member Members is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. Neither None of the Borrower nor any Material Subsidiary Group Members is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to Incur Indebtedness under this Agreementincur Indebtedness.
Appears in 1 contract
