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

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its Subsidiaries (i) are an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended or (ii) a “holding company,” or a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its Subsidiaries is (ia) are an “investment company” or a company “controlledcompany” controlled by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended amended, or (iib) 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.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ia) are an “investment company” as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “holding company,” as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its any of the Subsidiaries (ia) are is an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of is subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) is a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of is subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any of its Restricted Subsidiaries is (ia) are an “investment company” as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “holding company,” as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Material Subsidiaries (i) are is an “"investment company” " or a company “controlled” by "promoter" or "principal underwriter" for, an “"investment company,” within the meaning of ", as such terms are defined in the Investment Company Act of 1940, as amended or (ii) amended. Neither the Borrower nor any of its Material Subsidiaries is a “"holding company,” ", or a “"subsidiary company” " of a “"holding company,” within the meaning of ", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither Holdings nor the Borrower nor its Subsidiaries is (ia) are an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended amended, or (iib) is 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,” within the meaning of the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its any of the Subsidiaries is (ia) are an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 19352005.

Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any of its Restricted Subsidiaries is (ia) are an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its any of the Subsidiaries is (ia) are an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of otherwise subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries (ia) are is an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of is subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) is a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of is subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is (ia) are an “investment company” as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “holding company,” as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries (i) are is an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended amended, or (ii) a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an "affiliate" of a "holding company," within the meaning of the Public Utility 72 Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ia) are an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended or (iib) a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor its any of the Subsidiaries is (ia) are an “investment company” as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “holding company,” as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 19352005.

Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower nor its Subsidiaries Borrowers is (ia) are an “"investment company” " as defined in, or a company “controlled” by an “investment company,” within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (iib) a “"holding company,” " as defined in, or a “subsidiary company” of a “holding company,” within the meaning of subject to regulation under, the Public Utility Holding Company Act of 1935.