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.
Appears in 26 contracts
Samples: Credit Agreement (Tredegar Corp), Credit Agreement (Raytheon Co), Credit Agreement (Tel Save Holdings Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or 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.
Appears in 19 contracts
Samples: Credit Agreement (Fairchild Semiconductor International Inc), Credit Agreement (American Commercial Lines LLC), Credit Agreement (Allen Ethan Interiors Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries 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.
Appears in 17 contracts
Samples: Competitive Advance and Revolving Credit Facility Agreement (At&t Corp), 364 Day Revolving Credit Facility Agreement (At&t Corp), Revolving Credit and Term Loan Facility Agreement (Agere Systems Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the any 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.
Appears in 14 contracts
Samples: Credit Agreement (Activision Inc /Ny), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Perkinelmer Inc), Credit Agreement (Magellan Health Services Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or 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.
Appears in 12 contracts
Samples: Credit Agreement (Transdigm Inc), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ameripath Indiana LLC)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Subsidiaries 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.
Appears in 10 contracts
Samples: Competitive Advance and Revolving Credit Facility Agreement (Citizens Communications Co), Competitive Advance and Revolving Credit Facility Agreement (Citizens Communications Co), Credit Agreement (Morrison Knudsen Corp//)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or 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.
Appears in 9 contracts
Samples: Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Sola International Inc), Credit Agreement (Sola International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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.
Appears in 9 contracts
Samples: Credit Agreement (On Command Corp), Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company 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.
Appears in 9 contracts
Samples: Common Stock and Preferred Stock Purchase Agreement (Wellsford Real Properties Inc), Revolving Credit Facility Agreement (Tredegar Industries Inc), Merger Agreement (Equity Residential Properties Trust)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or 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.
Appears in 6 contracts
Samples: Credit Agreement (Knoll Inc), First Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp)
Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower Borrowers 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.
Appears in 4 contracts
Samples: 364 Day Credit Agreement (Popular Inc), 364 Day Credit Agreement (Popular Inc), Credit Agreement (Popular Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or any Subsidiary Guarantor 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.
Appears in 3 contracts
Samples: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company", or a company "controlled" by 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.
Appears in 3 contracts
Samples: 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Facility (Raytheon Co/), 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" ”, or a company “controlled” by 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.
Appears in 3 contracts
Samples: 364 Day Competitive Advance and Revolving Credit Facility, 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Facility (Raytheon Co/)
Investment Company Act; Public Utility Holding Company Act. Neither None of 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.
Appears in 3 contracts
Samples: 5 Year Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De), 5 Year Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De)
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.
Appears in 3 contracts
Samples: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of 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.
Appears in 3 contracts
Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De), Credit Facility Agreement (Scripps E W Co /De)
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 1940, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 193575 1935 or (c) otherwise subject to any law, rule or regulation that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Schein Pharmaceutical Inc), Credit Agreement (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its subsidiaries is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Borrower nor any of its subsidiaries is a "holding company" as that term is defined in, in or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (American Bank Note Holographics Inc), Credit Agreement (Airxcel Inc), Credit Agreement (Management Network Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is (a) an "investment company" as that term is defined in, in or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Company nor any Subsidiary 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.
Appears in 3 contracts
Samples: Revolving Credit Facility and Term Loan Agreement (Ethyl Corp), Credit Facility Agreement (Ethyl Corp), Competitive Advance and Revolving Credit Facility Agreement (Albemarle Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of Allied, the Borrower nor or 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.
Appears in 2 contracts
Samples: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)
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, a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940 or (b) 1940, as amended. Neither the Borrower nor any Subsidiary is a "holding company" as defined in, or subject to regulation under, a "subsidiary company" or a "holding company" or an "affiliate" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Telular Corp), Loan and Security Agreement (Brothers Gourmet Coffees Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a Person "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) 1940. The Borrower is a "holding company" as defined in", or subject to regulation under, within the Public Utility Holding Company Act meaning of 1935PUHCA.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc)
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, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" as defined in, or subject to regulation under, an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Bha Group Inc), Credit Agreement (Bha Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower Borrowers 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.
Appears in 2 contracts
Samples: Credit Agreement (Corel Corp), Credit Agreement (Corel Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Remington Products Co LLC), Credit and Guarantee Agreement (Remington Products Co LLC)
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.
Appears in 2 contracts
Samples: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Alion Science & Technology Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a company "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 1940. Neither the Borrower nor any Subsidiary is a "holding company", or (b) a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" as defined inor of a "subsidiary company" of a "holding company", or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Cabot Microelectronics Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Borrowers 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.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Services Inc), Credit Agreement (Magellan Health Services Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or 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.
Appears in 2 contracts
Samples: Senior Credit Agreement (Rite Aid Corp), Senior Credit Agreement (Rite Aid Corp)
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 1940, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351935 or (c) otherwise subject to any law, rule or regulation that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Danbury Pharmacal Puerto Rico Inc), Senior Subordinated Loan Agreement (Schein Pharmaceutical Inc)
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 undera company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940 or 1940, as amended (b) the “Investment Company Act”). Neither the Borrower nor any Subsidiary is a "“holding company" as defined in, ,” or subject to regulation under, 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.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Seracare Life Sciences Inc), Revolving/Term Credit and Security Agreement (Seracare Life Sciences Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any and no 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, in or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Nashua Corp), Revolving Credit and Term Loan Agreement (Chemfab Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (ai) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (bii) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Commercial Revolving Loan and Security Agreement (First Aviation Services Inc), Commercial Revolving Loan and Security Agreement (First Aviation Services Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" ” as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 1940, as amended. No Borrower or (b) any Subsidiary 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, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the any 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.
Appears in 1 contract
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, under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Kuhlman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company, 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.
Appears in 1 contract
Samples: Credit Agreement (Flowserve Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" as defined in, or subject to regulation under, an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Significant Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, 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.
Appears in 1 contract
Samples: Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or any other Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary or subsidiary thereof is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 1940. No Borrower or (b) subsidiary thereof is a "holding company" as that term is defined in, in or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an a)an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a b)a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Consolidated Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary (after giving effect to the transfer of the Xxxxx Subsidiaries to the Borrower) 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.
Appears in 1 contract
Samples: Credit Agreement (Pacificorp /Or/)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in", or subject to regulation undera company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940 or 1940, as amended.
(b) Neither the Borrower nor any Subsidiary is a "holding company", or an "affiliate" of a "holding company" as defined inor a "subsidiary company" of a "holding company", or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Friendship Cable of Arkansas Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a company "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment In- vestment 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.
Appears in 1 contract
Samples: Credit Agreement (Applied Power Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of 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.
Appears in 1 contract
Samples: Credit Agreement (Actuant Corp)
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 undera company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940 1940, as amended (the "Investment Company Act"). Neither the Borrower nor any Subsidiary is a "holding company," or (b) an "affiliate" of a "holding company" as defined in, or subject to regulation under, a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Borrower, Inland nor any Subsidiary of their respective subsidiaries 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.
Appears in 1 contract
Samples: Credit Agreement (Ispat Inland Inc)
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, a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940 or (b) 1940, as amended. Neither the Borrower nor any Subsidiary is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.a "subsidiary company" or a 70 79
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of the Borrower is (a) an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) is an "investment company" company as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" company as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any Material 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.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor Borrowers or any other Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither ---------------------------------------------------------- the Borrower nor any Subsidiary is (a) an "investment company" as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Borrower nor any Subsidiary 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.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment companyINVESTMENT COMPANY" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding companyHOLDING COMPANY" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower is (a) an "“investment company" as defined in, or subject to regulation under, ” within the meaning of the Investment Company Act of 1940 or (b) a "“holding company" as defined in, ” or subject to regulation under, an “affiliate” of a “holding company” or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Thomas Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Significant 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 regula tion under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Amendment Agreement (Eckerd Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower Borrowers nor any Subsidiary is (a) an "investment company" as defined in, or 47 41 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.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither Connector nor the Borrower nor any other 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.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary of any Borrower is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," as defined in, or subject to regulation under, 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.
Appears in 1 contract
Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Holdings nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the U.S. Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the U.S. Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary is thereof (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Remington Capital Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of 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 19351940.
Appears in 1 contract
Samples: 5 Year Competitive Advance and Revolving Credit Facility Agreement (Scripps E W Co /De)
