Investment Company Act Status, etc. Borrower is not (i) an “investment company,” or a company “controlled” by an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended, (ii) 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 (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 37 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc), Open End Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Ashford Hospitality Prime, Inc.), Loan and Security Agreement (Ashford Hospitality Trust Inc)
Investment Company Act Status, etc. Borrower is not (i) an “"investment company,” " or a company “"controlled” " by an “"investment company,” " as such terms are defined in the Investment Company Act of 1940, as amended, (ii) 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 (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 7 contracts
Samples: Loan Agreement (U Haul International Inc), Borrowing Agreement (U Haul International Inc), Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (CNL Hotels & Resorts, Inc.)
Investment Company Act Status, etc. Borrower is not (i) an “"investment company,” " or a company “"controlled” " by an “"investment company,” " as such terms are defined in the Investment Company Act of 1940, as amended, (ii) 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 (iii) subject to any other federal or state law Jaw or regulation which purports to restrict or regulate its ability to borrow money.
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