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," a "subsidiary company" of a "holding company" or an "affiliate" of 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 statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Debt.

Appears in 3 contracts

Samples: Credit Agreement (Cogentrix Energy Inc), Credit Agreement (Cogentrix Energy Inc), Credit Agreement (Cogentrix Energy Inc)

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Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) required to 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, or (b) . The Borrower is not a "holding company," 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. 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 DebtIndebtedness.

Appears in 1 contract

Samples: Loan Agreement (Commercial Net Lease Realty Inc)

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Investment Company Act; Public Utility Holding Company Act; Other Regulations. The Borrower is not (a) an "investment company," or a company "controlled" by 45 an "investment company," within the meaning of the Investment Company Act of 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" or an "affiliate" of 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 statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Debt.

Appears in 1 contract

Samples: Credit Agreement (Cogentrix Delaware Holdings Inc)

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