Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of 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 in accordance with this Agreement.
Appears in 20 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (American Financial Realty Trust), Loan Agreement (Digital Realty Trust, Inc.)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of 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 in accordance with this Agreementmoney.
Appears in 12 contracts
Samples: Loan Agreement (G&l Realty Corp), Loan Agreement (Lf Strategic Realty Investors Ii L P), Loan Agreement (Brookdale Living Communities Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is not (ia) an “"investment company” ", or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, ; (iib) 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 (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 8 contracts
Samples: Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc)
Investment Company Act; Public Utility Holding Company Act. No Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of 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 in accordance with this Agreementmoney.
Appears in 6 contracts
Samples: Loan Agreement (Fortress Investment Corp), Mezzanine Loan Agreement (Hudson Hotels Corp), Loan Agreement (Ashford Hospitality Trust Inc)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of 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 in accordance with this Agreementmoney.
Appears in 6 contracts
Samples: Loan Agreement, Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (Digital Realty Trust, Inc.)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Amb Property Corp), Revolving Credit Agreement (Tower Realty Trust Inc), Revolving Credit Agreement (Amb Property Corp)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation Requirement which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Cabot Industrial Trust), Revolving Credit Agreement (Cabot Industrial Trust), Revolving Credit Agreement (Cabot Industrial Properties Lp)
Investment Company Act; Public Utility Holding Company Act. Borrower Operator is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of 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 in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” ”, within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Credit Agreement (Kilroy Realty, L.P.), Revolving Credit Agreement (Kilroy Realty, L.P.), Revolving Credit Agreement (Kilroy Realty Corp)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (ia) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (iib) 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 (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Comstock Mining Inc.)
Investment Company Act; Public Utility Holding Company Act. Neither the Guarantor nor the Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940Act, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation Law which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp), Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp)
Investment Company Act; Public Utility Holding Company Act. Borrower is not not: (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of 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 in accordance with this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Great Wolf Resorts, Inc.), Loan Agreement (Great Wolf Resorts, Inc.)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of 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 in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Loan Agreement (Echelon International Corp), Loan Agreement (Las Vegas Sands Inc)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of 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 in accordance with this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Great Wolf Resorts, Inc.)
Investment Company Act; Public Utility Holding Company Act. Borrower The borrower is not (ia) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iib) 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 (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Borrower None of the Borrowers is not (ia) an “"investment company” ", or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, ; (iib) 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 (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carramerica Realty Corp)
Investment Company Act; Public Utility Holding Company Act. Neither Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Borrower Such Assignor is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement(other than usury laws).
Appears in 1 contract
Samples: Assignment and Security Agreement (Ce Generation LLC)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “investment "in vestment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) 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 (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Samples: Credit Agreement (Meditrust Corp)
