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

Investment Company Act; Public Utility Holding Company Act. No Company 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, as amended, or (b) a “holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company,” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 26 contracts

Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

AutoNDA by SimpleDocs

Investment Company Act; Public Utility Holding Company Act. No Company 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, as amended, or (b) a "holding company," an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company," as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 15 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (LNT Leasing II, LLC), Credit Agreement (Adesa Inc)

Investment Company Act; Public Utility Holding Company Act. No Company is (a) an “investment company” or a company “controlled” by a person required to register as an “investment company,” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a “holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company,” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Second Lien Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)

Investment Company Act; Public Utility Holding Company Act. No Company is (a) an "investment company" or a company "controlled" by a person required to register as an "investment company," as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a "holding company," an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company," as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Ply Gem Industries Inc), Credit Agreement (Ply Gem Industries Inc)

Investment Company Act; Public Utility Holding Company Act. No Company is (a) registered or required to be registered as an “investment company” or a company “controlled” by an “investment company,” as defined in, or subject to regulation under, in the Investment Company Act of 1940, as amended, or (b) a “holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of 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

Samples: Credit Agreement (Leiner Health Services Corp.)

Investment Company Act; Public Utility Holding Company Act. No The Company is not: (a) an “investment company” or a company “controlled” controlled by an investment company,as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended, ; or (b) a “holding company,or a “subsidiary” of a “holding company” or an “affiliate” affiliate of a “holding company” or a “subsidiary companysubsidiary” of a “holding company,as defined in, or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Loan Agreement (TomoTherapy Inc)

Investment Company Act; Public Utility Holding Company Act. No The Company is not: (a) an “investment company” or a company “controlled” controlled by an investment company,as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended, ; or (b) a “holding company,or a “subsidiary” of a “holding company” or an “affiliate” of a “holding company” or a “subsidiary companysubsidiary” of a “holding company,as defined in, or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (TomoTherapy Inc)

AutoNDA by SimpleDocs

Investment Company Act; Public Utility Holding Company Act. No The Company is not (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, as amended, 1940 or (b) a "holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of 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

Samples: Investment Agreement (Opinion Research Corp)

Investment Company Act; Public Utility Holding Company Act. No The Company is not (ai) an “investment company” or a company “controlled” by an investment company,” as defined in, or subject to regulation under, company within the meaning of the Investment Company Act of 1940, as amended, or (bii) a “holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” as defined in, or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Mirion Technologies, Inc.)

Investment Company Act; Public Utility Holding Company Act. No None of the Company or any of its Subsidiaries 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, as amended, 1940 or (b) a "holding company,” an “affiliate” of a “holding company” or a “subsidiary company” of 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

Samples: Credit Agreement (Republic Engineered Steels Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!