Common use of Investment Company Act; Public Utility Holding Company Act; Other Regulations Clause in Contracts

Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended or (b) a "holding company" as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935. 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.

Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended or (b) a "holding company" as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935amended. 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, except the continuing jurisdiction of the Bankruptcy Court in the Cases.

Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "“investment company", ,” or a company "“controlled" ” by an "“investment company", ,” within the meaning of the Investment Company Act of 1940, as amended amended, or (b) a "“holding company" ” as defined in, or otherwise subject to regulation under, the Public Utility Holding Company Act of 1935, 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.