Investment Company Act; Other Regulations. The Borrower is not required to be registered as 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) which limits its ability to incur Indebtedness.
Appears in 14 contracts
Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp)
Investment Company Act; Other Regulations. The Borrower is not required to be registered as an “investment company” within the meaning of under 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) which limits its ability to incur Indebtedness.
Appears in 12 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Investment Company Act; Other Regulations. The Borrower is not required to be registered as an “investment company”, or a company “controlled” by an entity required to be registered as 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) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 6 contracts
Samples: Cash Flow Credit Agreement (Cornerstone Building Brands, Inc.), Credit Agreement (Core & Main, Inc.), Credit Agreement (Core & Main, Inc.)
Investment Company Act; Other Regulations. The Borrower None of the Borrowers is not required to be registered as an “investment company”, or a company “controlled” by an entity required to be registered as an “investment company”, within the meaning of the Investment Company Act Act. None of 1940, as amended. The Borrower the Borrowers is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 6 contracts
Samples: Abl Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.)
Investment Company Act; Other Regulations. The Borrower is not required to be registered as an “investment company” within the meaning of under 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) which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Investment Company Act; Other Regulations. The Neither the Borrower nor any of the Guarantors is not required to be registered register as an “investment company” within the meaning of under 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) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Us LBM Holdings, Inc.), First Lien Credit Agreement (Us LBM Holdings, Inc.)
Investment Company Act; Other Regulations. The Borrower is not required to be registered as an “investment company”, or a company “controlled” by an entity required to be registered as 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) which limits its ability to incur Indebtedness.Indebtedness as contemplated hereby. 5.15
Appears in 1 contract
Samples: Term Loan Credit Agreement (Cornerstone Building Brands, Inc.)
Investment Company Act; Other Regulations. The Borrower is not required to be registered as 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) which limits its ability to incur Indebtedness.of
Appears in 1 contract
Samples: Bridge Credit Agreement
Investment Company Act; Other Regulations. The Borrower is not required to be registered register as 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) which limits its ability to incur Indebtedness, except in each case where such limitation would not be reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Ares Commercial Real Estate Corp)
Investment Company Act; Other Regulations. The Borrower is not required to be registered register as an “investment company” under the Investment Company Act of 1940, as amended, and is not “controlled” by any “company” (within the meaning of the Investment Company Act of 1940, as amended) that is organized under the laws of any state of the United States of America. The Borrower is not subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board) Applicable Law which limits its ability to incur Indebtednessthe Indebtedness to be incurred hereunder or satisfy its obligations under the Financing Documents.
Appears in 1 contract
Investment Company Act; Other Regulations. The No Borrower is not required to be registered as an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amendedAct. The U.S. Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 1 contract
Investment Company Act; Other Regulations. The No Borrower is not required to be registered as an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amendedAct. The No Borrower is not subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 1 contract