Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 39 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Urban Shopping Centers Inc), Credit Agreement (Rockefeller Center Properties Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtedness.
Appears in 32 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Day Term Loan Agreement (Xcel Energy Inc), Credit Agreement
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 24 contracts
Samples: Credit Agreement, Revolving Credit Agreement (Globalstar Telecommunications LTD), Credit Agreement (El Paso Energy Partners Lp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemX) which that limits its ability to incur Indebtedness.
Appears in 15 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Credit Agreement (Bunge Global SA), Credit Agreement (Bungeltd)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.
Appears in 14 contracts
Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Hayes Wheels International Inc), Credit Agreement (Mastercard Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness hereunder.
Appears in 13 contracts
Samples: Credit Agreement (Symetra Financial CORP), Credit Agreement (Symetra Financial CORP), Credit Agreement (White Mountains Insurance Group LTD)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtedness.
Appears in 10 contracts
Samples: Day Credit Agreement (Thermo Electron Corp), Revolving Credit Agreement (Bunge LTD), Credit Agreement (Bunge LTD)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 9 contracts
Samples: Agreement (Hertz Corp), Credit Agreement (Atkore International Group Inc.), Credit Agreement (Envision Healthcare Corp)
Investment Company Act; Other Regulations. 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. The No Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 8 contracts
Samples: Credit Agreement (Adelphia Communications Corp), Conformed Copy (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.
Appears in 8 contracts
Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the Minnesota Public Utilities Commission and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 7 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 7 contracts
Samples: Credit Agreement (Sirva Inc), Credit Agreement (Emergency Medical Services CORP), Credit Agreement (Nci Building Systems Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the New Mexico Public Regulation Commission and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 7 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
Investment Company Act; Other Regulations. 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. The Except as set forth on Schedule 4.14, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIndebtedness under this Agreement.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (NorthWestern Energy Group, Inc.), Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Investment Company Act; Other Regulations. The Borrower is not an "“investment company", ” or a company "“controlled" ” by an "“investment company", ” within the meaning of the Investment Company Act of 19401940 and the regulations issued thereunder, each as amended. The Borrower is not subject to regulation regulations under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness.
Appears in 7 contracts
Samples: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Resource Real Estate Opportunity REIT, Inc.), Loan Agreement (Macquarie Infrastructure CO LLC)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: Loan Agreement (Cynet Inc), Credit Agreement (Promedco Management Co), Credit Agreement (Styleclick Inc)
Investment Company Act; Other Regulations. 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. The On the date hereof, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIndebtedness under this Agreement.
Appears in 6 contracts
Samples: Term Loan Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PG&E Corp), Credit Agreement (PACIFIC GAS & ELECTRIC Co)
Investment Company Act; Other Regulations. 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, or a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 6 contracts
Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIndebtedness under this Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Fair Isaac Corp), Credit Agreement (Fair Isaac Corp), Credit Agreement (Fair Isaac Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board Board, the Public Utilities Commission of Governors of Wisconsin and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board Board, the Public Utilities Commission of Governors of Colorado and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Northern States Power Co), Credit Agreement (Northern States Power Co)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 5 contracts
Samples: Credit Agreement (Univar Inc.), Credit Agreement (Univar Inc.), Credit Agreement (Univar Inc.)
Investment Company Act; Other Regulations. 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, 1940 (as amended, the "Investment Company Act"), is not "controlled" by an "investment company" within the meaning of the Investment Company Act that is not registered thereunder, and is not required to register under the Investment Company Act. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Global Signal Inc), Credit Agreement (Global Signal Inc), Credit Agreement (Global Signal Inc)
Investment Company Act; Other Regulations. The Borrower is not an "investment company", " or a company "controlled" by an "investment company", " within the meaning of the Investment Company Act of 19401940 and the regulations issued thereunder, each as amended. The Borrower is not subject to regulation regulations under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness.
Appears in 5 contracts
Samples: Loan Agreement (Cole Credit Property Trust V, Inc.), Loan Agreement (Consolidated Capital Properties Iv), Loan Agreement (Capital Senior Living Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemX) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Big City Radio Inc), Execution Copy (Big City Radio Inc), Credit Agreement (Big City Radio Inc)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIncur Indebtedness as contemplated hereby.
Appears in 4 contracts
Samples: Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Landstar System Inc), Credit Agreement (Kimco Realty Corp)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 4 contracts
Samples: Credit Agreement (Servicemaster Co), Credit Agreement (Servicemaster Co), Credit Agreement (Servicemaster Co)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Mastercard Inc), Year Revolving Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Adams Outdoor Advertising Inc), Credit Agreement (LFC Armored of Texas Inc), Credit Agreement (V I Technologies Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessIndebtedness under this Agreement or other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Computer Data Systems Inc), Credit Agreement (Zaring National Corp), Credit Agreement (Zaring National Corp)
Investment Company Act; Other Regulations. 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. The To the best knowledge of the Borrower, the Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemX) which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 3 contracts
Samples: Credit Agreement (Floor & Decor Holdings, Inc.), Credit Agreement (Floor & Decor Holdings, Inc.), Credit Agreement (FDO Holdings, Inc.)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness.
Appears in 3 contracts
Samples: Loan and Security Agreement (Alliance Laundry Corp), Loan and Security Agreement (Dvi Inc), Subordinated Loan Agreement (Chastain Capital Corp)
Investment Company Act; Other Regulations. 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. The To the best knowledge of the Borrower, the Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemGovernors) which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Kmart Corp), Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Kmart Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtednessborrow Loans or obtain other Revolving Extensions of Credit under this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Agl Resources Inc)
Investment Company Act; Other Regulations. 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, 1940 as amended. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Gencor Industries Inc), Credit Agreement (Gencor Industries Inc), United States Marine Repair Inc
Investment Company Act; Other Regulations. The Borrower is not an "“investment company", ” or a company "“controlled" ” by an "“investment company",” subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not subject to regulation under the Federal Power Act or the Interstate Commerce Act or registration under the Investment Company Act of 1940 or under any Federal other federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits may limit its ability to incur IndebtednessIndebtedness (other than the Gaming Laws and laws of general applicability) or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Stockbridge/Sbe Investment Company, LLC), Loan Agreement (Stockbridge/Sbe Investment Company, LLC)
Investment Company Act; Other Regulations. 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. The Borrower is not ; (ii) a “covered fund” within the meaning of the Xxxxxxx Rule or (iii) subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which Applicable Law that limits its ability to incur Indebtednessthe Indebtedness to be Incurred hereunder or satisfy its obligations under the Financing Documents.
Appears in 3 contracts
Samples: Fixed Charge Agreement (Canuelas Mill S.A.C.I.F.I.A.), Fixed Charge Agreement (Canuelas Mill S.A.C.I.F.I.A.), Fixed Charge Agreement (Canuelas Mill S.A.C.I.F.I.A.)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc)
Investment Company Act; Other Regulations. The Each 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. The Each Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Merisel Inc /De/), Credit Agreement (Merisel Inc /De/)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.;
Appears in 2 contracts
Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Roadway Express Inc), Credit Agreement (Roadway Express Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: And Security Agreement (New Century Financial Corp), And Security Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Westwood One Inc /De/), Credit Agreement (Westwood One Inc /De/)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)
Investment Company Act; Other Regulations. 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. The Except as set forth on Schedule 4.14, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors Board, the Public Utilities Commission of the State of Colorado and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness of the type being incurred by it pursuant to this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Phelps Dodge Corp), Credit Agreement (Phelps Dodge Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Weg Acquisitions Lp), Credit Agreement (Magellan Midstream Holdings Lp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Playtex Products Inc), Term Loan Agreement (Playtex Products Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (Chastain Capital Corp)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (Servicemaster Global Holdings Inc), Credit Agreement (Servicemaster Global Holdings Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute other law or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessthe Indebtedness incurred or to be incurred by it under the Loan Documents.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemX) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Term Loan Agreement (Bungeltd)
Investment Company Act; Other Regulations. 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. The Except as set forth on Schedule 3.14, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIndebtedness under this Agreement.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness..
Appears in 1 contract
Samples: Credit Agreement (Napco Security Technologies, Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessDebt.
Appears in 1 contract
Samples: Loan and Security Agreement (Essex International Inc /)
Investment Company Act; Other Regulations. 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. The Except as set forth on Schedule 4.14, the Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the Federal Reserve SystemMinnesota Public Utilities Commission and PUHCA) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness of the type being incurred by it pursuant to this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Phelps Dodge Corp)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Verasun Energy Corp)
Investment Company Act; Other Regulations. The Borrower is not ----------------------------------------- an "investment company", or a company "controlled" by an "investment company", within the meaning of " required to register as such under the Investment Company Act of 1940, as amended, within the meaning of such act. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Dynatech Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any United States Federal or State state statute or regulation (other Credit Agreement than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessDebt.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the Federal Reserve SystemNew Mexico Public Regulation Commission and PUHCA) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Ero Marketing Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness.
Appears in 1 contract
Samples: Loan and Security Agreement (National Mortgage Corp)
Investment Company Act; Other Regulations. The Such 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. The Such Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Young & Rubicam Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Merisel Inc /De/)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessIndebtedness other than laws generally applicable to all Persons.
Appears in 1 contract
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.Indebtedness as contemplated hereby. Section 4.19
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X Requirement of the Board of Governors of the Federal Reserve System) which Law that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. The Borrower is not an "investment company", or a company "controlled" by an "investment company", within the -42- meaning of the Investment Company Act of 1940, as amended. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. The Borrower is not an "investment Ainvestment company", or a company "controlled" Acontrolled by an "investment Ainvestment company", within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not subject to regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The On the date hereof, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIndebtedness under this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Pg&e Corp)
Investment Company Act; Other Regulations. 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 amendedAct. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 1 contract
Samples: Credit Agreement (Raci Holding Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject 47 41 to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Leviathan Gas Pipeline Partners L P)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtedness, except for any such limitations that are otherwise generally applicable to bank holding companies.
Appears in 1 contract
Samples: Possession Credit Agreement (First Mariner Bancorp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors Board, the Public Utilities Commission of the Federal Reserve SystemState of Colorado and PUHCA) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Xcel Energy Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute law or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessthe Indebtedness to be incurred by it under the Loan Documents.
Appears in 1 contract
Samples: Federal Mogul Corp
Investment Company Act; Other Regulations. 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. The Borrower is not subject to AMERICAS 91292609 regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the Minnesota Public Utilities Commission and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to AMERICAS 91292576 regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of Board, the New Mexico Public Regulation Commission and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Except as set forth on Schedule 4.14, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur Indebtedness.Indebtedness under this Agreement. CHAR1\1740645v10
Appears in 1 contract
Samples: Credit Agreement (Northwestern Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Lear Corp /De/
Investment Company Act; Other Regulations. 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. The On the Effective Date, the Borrower is not subject to regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.than
Appears in 1 contract
Investment Company Act; Other Regulations. 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, 1940 (as amended, the “Investment Company Act”), is not “controlled” by an “investment company” within the meaning of the Investment Company Act that is not registered thereunder, and is not required to register under the Investment Company Act. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X Requirement of the Board of Governors of the Federal Reserve System) Law which limits its ability to incur IndebtednessObligations, other than as set forth herein or in the other Loan Documents.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X Requirement of the Board of Governors of the Federal Reserve System) Law which limits its ability to incur IndebtednessIndebtedness hereunder.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessDebt.
Appears in 1 contract
Samples: Warehouse Credit Agreement (Firstcity Financial Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemGovernors) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Subsidiaries Security Agreement (Standard Microsystems Corp)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X Requirement of the Board of Governors of the Federal Reserve System) which Law that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Possession Credit Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemMargin Regulations) which limits its ability to incur IndebtednessIndebtedness under this Agreement or the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (G Reit Inc)
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X Requirement of the Board of Governors of the Federal Reserve System) which Law that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to any regulation under any Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to AMERICAS 91292599 regulation under any Federal or State statute or regulation Requirement of Law (other than Regulation X of the Board Board, the Public Utilities Commission of Governors of Colorado and the FERC under the Federal Reserve SystemPower Act) which that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. 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. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which limits its ability to incur Indebtednessthe Loans.
Appears in 1 contract
Investment Company Act; Other Regulations. The Borrower is not an "investment company", '' or a company "controlled" by an "investment company", " within the meaning of the Investment Company Act of 19401940 and the regulations issued thereunder, each as amended. The Borrower is not subject to regulation regulations under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtednessindebtedness.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)
