Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 5 contracts
Samples: Term Loan Agreement (Arv Assisted Living Inc), Secured Super Priority Debtor in Possession Revolving Credit Agreement (Kasper a S L LTD), Credit and Security Agreement (Amr Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Paxson Communications Corp), Credit Agreement (Paragon Trade Brands Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Term Loan Agreement (Geneva Steel Co), Credit Agreement (Technical Olympic Usa Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the MLP, the Borrower nor or any of its their respective Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended amended, or (b) at any time prior to February 8, 2006, a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP), Revolving Credit Agreement (Boardwalk Pipeline Partners, LP)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (McDermott International Inc), Amendment Agreement (Washington Group International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither Holdings nor the Borrower nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Hli Operating Co Inc), Credit Agreement (Hayes Lemmerz International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Datapath Inc), Credit Agreement (Edo Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Knology Inc), Credit Agreement (Knology Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended amended, or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Directv Group Inc), Revolving Credit Agreement (Hughes Electronics Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Washington Group International Inc), Credit Agreement (Massey Energy Co)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or ", a "holding company" or a "subsidiary company" of a "holding company," ", as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Friedmans Inc), Secured Debtor in Possession Credit Agreement (Friedmans Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Suntek Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Material Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the U.S. Borrower nor any of its Material Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Washington Group International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Us Concrete Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended amended, or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Group nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 1 contract
Samples: Revolving Credit Agreement (Warnaco Group Inc /De/)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any of and its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Premcor Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal PRINCIPAL underwriter" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated personPerson" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended 1940 or (b) a "holding company," or an "affiliate" or ", a "holding company" or a "subsidiary company" of a "holding company," ", as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (WCI Steel, Inc.)
Investment Company Act; Public Utility Holding Company Act. Neither Holdings, the Borrower nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Massey Energy Co)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the U.S. Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in 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 Borrowers nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Secured Super Priority Debtor in Possession Credit Agreement (Exide Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the None of Co-Borrower nor or any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the U.S. Investment Company Act of 1940, as amended amended, or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the U.S. Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor Parent or any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company,HOLDING COMPANY" or an "affiliateAFFILIATE" of a "HOLDING COMPANY" or a "holding company" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Prestige Brands International, Inc.)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Amkor Technology Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Suntron Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended 1940 or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in 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 Holdings nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Aviall Inc)
