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 40 contracts
Samples: Credit Agreement (Armor Holdings Inc), Credit Agreement (Aftermarket Technology Corp), Credit Agreement (Capstar Hotel 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 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), 364 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: Quarterly Report, Credit Agreement (Landstar System Inc), 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), Revolving 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 (Hayes Wheels International Inc), 364 Day Revolving Credit Agreement (Boston Scientific Corp), Revolving 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 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: 364 Day Credit Agreement (Thermo Electron Corp), 364 Day Credit Agreement (Thermo Electron Corp), Revolving 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: Senior Secured Debtor in Possession Credit Agreement (Hertz Corp), First Lien Credit Agreement (Atkore International Group Inc.), Credit Agreement (Envision Healthcare 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 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 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 (Advanced Communication Systems Inc), Credit Agreement (Cole National Group Inc), Credit Agreement (Cole National 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 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 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 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 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 (Behringer Harvard Opportunity REIT I, 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 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), Loan Agreement (Cynet Inc), 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. 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, 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 Finance Corp), Credit Agreement (Sprint Spectrum 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 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 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, 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 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 (Corporate Property Associates 16 Global 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 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 (other than public utility laws and regulations of Nevada administered by the PUCN).
Appears in 4 contracts
Samples: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv 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 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 SystemBoard) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Mastercard Inc), Interim Loan Agreement (Boston Scientific Corp), Multi Year Revolving 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 SystemX) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Big City Radio Inc), Credit Agreement (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 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 System) which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (LFC Armored of Texas Inc), Credit Agreement (V I Technologies Inc), Credit Agreement (Adams Outdoor Advertising 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 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 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 (Kmart Corp), 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",” 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 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), Post Petition Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc)
Investment Company Act; Other Regulations. (a) The Borrower represents and warrants that it 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. .
(b) The Borrower represents and warrants that it 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 3 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
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: Pre Export Credit Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Credit Agreement (Canuelas Mill S.A.C.I.F.I.A.), Pre Export Credit 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 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 (Agl Resources Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
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: Senior Secured Credit Agreement (Gencor Industries Inc), Credit Agreement (Gencor Industries Inc), Senior Secured Credit Agreement (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", 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 3 contracts
Samples: Credit Agreement (Computer Learning Centers Inc), Credit Agreement (Computer Learning Centers Inc), Credit Agreement (Computer Learning Centers 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: Incremental Term Loan 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 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 (Zaring National Corp), Credit Agreement (Computer Data Systems Inc), 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 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), 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 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 (Imperial Credit Commercial Mortgage Investment Corp), Master Loan and Security Agreement (New Century 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 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 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 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 (Magellan Midstream Holdings Lp), Credit Agreement (Weg Acquisitions 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 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 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 (other than public utility laws and regulations of Nevada administered by the PUCN).
Appears in 2 contracts
Samples: Credit Agreement (Sierra Pacific Resources /Nv/), Credit Agreement (Sierra Pacific Resources /Nv/)
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 2 contracts
Samples: Credit Agreement (Agilon Health, Inc.), Credit Agreement (Agilon Health, 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 (other than public utility laws and regulations of Nevada and California administered by the PUCN and the CPUC, respectively).
Appears in 2 contracts
Samples: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv 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 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 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 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 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: Term Loan Agreement (Playtex Products Inc), Credit 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 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 Neither the Borrower nor the General Partner of 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: Credit Agreement (Harbourton Financial Services 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 Board, the Federal Reserve SystemFERC and the New Mexico Public Regulation Commission) 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 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 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 Except as set forth on Schedule 4.14, neither 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 (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 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 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.)
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 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 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 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: Revolving Credit Agreement (Friede Goldman 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 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 Systemand 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 (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 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 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 federal, state or State other 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 (Ims Health 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 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 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 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 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 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.the
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 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 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 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
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 (other than public utility laws and regulations of Nevada and California administered by the PUCN and the CPUC, respectively).
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 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 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 Such Borrower is not subject to regulation under any United States 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
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 Requirement of Law (other than Regulation X of the Board of Governors of the Federal Reserve SystemBoard) which that limits its ability to incur IndebtednessIncur Debt.
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 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 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 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: Senior Subordinated Credit Agreement (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 " 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, 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 Indebtedness.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Special Metals Corp)
