Common use of Investment Company Act; Regulation Clause in Contracts

Investment Company Act; Regulation. (a) Neither the Borrower nor any of its Subsidiaries is an “investment company” or an “affiliated person” of an “investment company,” or a company “controlled” by an “investment company,” and neither the Borrower nor any of its Subsidiaries is an “investment advisor” or an affiliated person” of an “investment advisor,” and as each of the quoted terms is defined or used in the Investment Company Act of 1940, as amended. (b) Neither the Borrower nor any of its Subsidiaries is subject to regulation under any state or local public utilities code or any federal, state, or local statute or regulation limiting its ability to incur Indebtedness for Money Borrowed or to pledge assets of the type contemplated hereunder.

Investment Company Act; Regulation. (a) Neither the Borrower nor any of its Subsidiaries is an “investment company” or an “affiliated person” of an “investment company,” or a company “controlled” by an “investment company,” and neither the Borrower nor any of its Subsidiaries is an “investment advisor” or an affiliated person” of an “investment advisor,” and as each of the quoted terms is defined or used in the Investment Company Act of 1940, as amended. , (b) Neither neither the Borrower nor any of its Subsidiaries is subject to regulation under any state or local public utilities code or any federal, state, or local statute or regulation limiting its ability to incur Indebtedness for Money Borrowed or to pledge assets of the type contemplated hereunder.

Investment Company Act; Regulation. (a) Neither the Borrower nor any of its Subsidiaries is an “"investment company” " or an “"affiliated person” " of an “"investment company,” " or a company “"controlled” " by an “"investment company,” " and neither the Borrower nor any of its Subsidiaries is an “"investment advisor” " or an "affiliated person” " of an “"investment advisor,” " and as each of the quoted terms is defined or used in the Investment Company Act of 1940, as amended. , (b) Neither neither the Borrower nor any of its Subsidiaries is subject to regulation under any state or local public utilities code or any federal, state, or local statute or regulation limiting its ability to incur Indebtedness for Money Borrowed or to pledge assets of the type contemplated hereunder.

Investment Company Act; Regulation. (a) Neither the Borrower nor any of its Subsidiaries is an “"investment company” " or an “"affiliated person” " of an “"investment company,” " or a company “"controlled” " by an “"investment company,” " and neither the Borrower nor any of its Subsidiaries is an “"investment advisor” " or an affiliated person” " of an “"investment advisor,” " and as each of the quoted terms is defined or used in the Investment Company Act of 1940, as amended. , (b) Neither neither the Borrower nor any of its Subsidiaries is subject to regulation under any state or local public utilities code or any federal, state, or local statute or regulation limiting its ability to incur Indebtedness for Money Borrowed or to pledge assets of the type contemplated hereunder.