Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an "investment company" or a company "controlled" --- ------------------ ---------- by an "investment company", within the meaning of the Investment Company Act of ------------------ 1940, as amended, (y) a "holding company" or a "subsidiary company" of a --------------- ------------------ "holding company" or an "affiliate" of either a "holding company" or a ---------------- --------- --------------- "subsidiary company" within the meaning of the Public Utility Holding Company ------------------ Act of"subsid 1935, as amended, or (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Investment Company Act; Public Utility Holding Company. U.S. ENTITY. The Company (i) is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended (the "1940 Act"), (ii) is not an "investment company" for purposes of Section 12(d)(1) of the 1940 Act, (iii) is not and will not become a "holding company" or a "subsidiary company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, (iv) is not and will not be headquartered or organized in any jurisdiction outside the United States of America or (v) does not directly or indirectly conduct activities or own assets in any foreign jurisdiction.
Investment Company Act; Public Utility Holding Company. Act. None of the Borrowers is (a) an "investment company" as defined in, or ---- subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Investment Company Act; Public Utility Holding Company. Act. Such Borrower is not an "investment company" as that term is defined in, --- and is not otherwise subject to regulation under, the Investment Company Act of 1940. Such Borrower is not a "holding company" as that term is defined in, and is not otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Investment Company Act; Public Utility Holding Company. Act. Neither Terra Industries nor any of its Subsidiaries is (a) an "investment --- company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Investment Company Act; Public Utility Holding Company. Neither the ------------------------------------------------------ Borrower nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended from time to time, or a company under the "control" of an "investment company", as those terms are defined in such Act, and shall not become such an "investment company" or under such "control." Further, neither the Borrower nor any Subsidiary is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or a "subsidiary company" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Investment Company Act; Public Utility Holding Company. (a) Neither the Borrower nor any Subsidiary is an "investment company" or a Person "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940.
Investment Company Act; Public Utility Holding Company. Act; Other Restrictions. No Company is an "investment company", or a company ----------------------- "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. No Company is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended. No Obligor is 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.
Investment Company Act; Public Utility Holding Company. Act. Neither the Parent nor any subsidiary thereof is an "investment company" --- as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither the Parent nor any subsidiary thereof is a "holding company" as that term is defined in or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Investment Company Act; Public Utility Holding Company. Act; Other Regulations. (a) The Borrower is not subject to any regulation as ---------------------- an "investment company" subject to the Investment Company Act of 1940, as amended, and no Loan Party is a "holding company" or a "subsidiary company" or an "affiliate" of a "holding company" under PUHCA, except that the Loan Parties each are a "subsidiary company" of Edison International, which is a "holding company" that is exempt from all regulation under PUHCA (except for Section 9(a)(2) thereof) pursuant to Section 3(a) thereof. No Loan Party is or will be subject to regulation as a "public utility", "public utility company", "public utility holding company", "electric corporation" or a subsidiary or affiliate of any of the foregoing under the laws of the State of Pennsylvania or the State of New York.
