Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "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 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. Act. Neither the Borrower nor any Subsidiary 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. 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. The Company is not and, after giving effect to the offering of the Securities and the application of the proceeds thereof as described in the Prospectus, will not become an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules and regulations of the Commission thereunder. The Company is not a “holding company” or a “public utility company” as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.
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 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. Neither the Company nor any Subsidiary is and, after giving effect to the transactions contemplated by this Agreement and the application of the proceeds thereof, will be, (i) required to register as an “investment company,” as defined in the Investment Company Act of 1940, as amended, (ii) 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 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
