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

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" --- ------------------ ---------- by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of ------------------ 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" --- ------------------ ---------- by an "investment in vestment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of ------------------- 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not Neither the Borrower, the Guarantor nor any of their Subsidiaries are (x) --- an --- 85 "investment company" or a company "controlled" by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" --- ------------------ ---------- by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of ------------------ 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Neither the Borrower nor any Consolidated Subsidiary is not (x) an --- 85 "investment --- ---------- company" or a company "controlled" by an "investment company", ------------------ within the ------- ---------- ------------------ within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" --- ------------------ ---------- by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of ------------------ 1940, as amended, (y) 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 of"subsid 1935, as amended, or (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company. Act. The Borrower is not (x) an --- 85 "investment company" or a company "controlled" --- ------------------ ---------- by an "investment company", ------------------ ---------- ------------------ within the meaning of the Investment Company Act of ------------------ 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.