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