Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 107 contracts
Samples: Restatement Agreement (HCA Healthcare, Inc.), Restatement Agreement (HCA Healthcare, Inc.), Credit Agreement (HCA Healthcare, Inc.)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 70 contracts
Samples: 364 Day Term Loan Agreement (Owens Corning), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 44 contracts
Samples: Letter of Credit Facility Agreement (Arch Capital Group Ltd.), Letter of Credit Facility Agreement (Arch Capital Group Ltd.), Credit Agreement (Oklahoma Gas & Electric Co)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company,” each as defined in the Investment Company Act of 1940, as amended.
Appears in 42 contracts
Samples: Term Loan Credit Agreement (GXO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.), Bridge Term Loan Credit Agreement (GXO Logistics, Inc.)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 42 contracts
Samples: Credit Agreement (Td Synnex Corp), Credit Agreement (Td Synnex Corp), Credit Agreement (Td Synnex Corp)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 41 contracts
Samples: Credit Agreement (Kelly Services Inc), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 38 contracts
Samples: Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc), Five Year Credit Agreement (PPL Electric Utilities Corp), Credit Agreement (PPL Electric Utilities Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 34 contracts
Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Avista Corp), Term Loan Credit Agreement (Avista Corp)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/), Credit Agreement (Natural Resource Partners Lp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 26 contracts
Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 26 contracts
Samples: Credit Agreement (Petsec Energy Inc), Credit Agreement (Contran Corp), Credit and Security Agreement (Cryenco Sciences Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 21 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to registration under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 20 contracts
Samples: Loan, Security and Collateral Management Agreement (AG Twin Brook Capital Income Fund), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amendedAct.
Appears in 19 contracts
Samples: Credit Agreement (US Foods Holding Corp.), Credit Agreement (US Foods Holding Corp.), Credit Agreement (US Foods Holding Corp.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (America First Multifamily Investors, L.P.), Loan Agreement (Pinnacle Financial Partners Inc), Development Loan Agreement (Nevada Geothermal Power Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (Oklahoma Gas & Electric Co), Term Loan Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 17 contracts
Samples: Credit Agreement (Tampa Electric Co), Credit Agreement (Tampa Electric Co), Credit Agreement (Tampa Electric Co)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Loan Agreement (Capstone Companies, Inc.), Business Loan Agreement (Landmark Bancorp Inc), Business Loan Agreement (NANOPHASE TECHNOLOGIES Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Term Loan Agreement (Summit Midstream Partners, LP), Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or required to register as an investment company under such Act.
Appears in 15 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement, Term Loan Credit Agreement (PPL Electric Utilities Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Business Loan Agreement (Elevate.Money REIT I, Inc.), Business Loan Agreement (Medalist Diversified REIT, Inc.), Business Loan Agreement (Landmark Bancorp Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Green Loan Agreement (Avangrid, Inc.), Green Loan Agreement (Avangrid, Inc.), Green Loan Agreement (Avangrid, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Mortgage Warehousing Agreement (Rock Financial Corp/Mi/), Credit Agreement (Star Buffet Inc), Credit Agreement (Staceys Buffet Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Credit Agreement (Corpbanca/Fi), Term Loan Credit Agreement (Aetna Inc /Pa/), Bridge Credit Agreement (Aetna Inc /Pa/)
Investment Company Act. The Borrower is not an “"investment company” within the meaning ," as defined in Section 3 of the Investment Company Act 1940 Act, nor a company that would be an investment company, except for the exclusions from the definition of 1940an investment company in Section 3(C) of the 1940 Act, as amendedand Borrower is not controlled by such a company.
Appears in 11 contracts
Samples: Convertible Loan Agreement (Cover All Technologies Inc), Convertible Loan Agreement (Cover All Technologies Inc), Convertible Loan Agreement (Laserscope)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Revolving Credit Agreement (August Technology Corp), Revolving Credit Agreement (Alleghany Corp /De), Credit Agreement (Alleghany Corp /De)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, in each case within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Fifth Amendment and Restatement Agreement (Royal Caribbean Cruises LTD), Fourth Amendment and Restatement Agreement (Royal Caribbean Cruises LTD), Fifth Amendment and Restatement Agreement (Royal Caribbean Cruises LTD)
Investment Company Act. The Borrower is not an “investment company” within the meaning of or otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the U.S. Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
Investment Company Act. The Such Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Loan and Security Agreement (Cryolife Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Electromed, Inc.), Loan Agreement (Soy Energy, LLC), Credit Agreement (Electromed, Inc.)
Investment Company Act. The Borrower is not an “investment company” , or a company controlled by an investment company, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement, Revolving Credit and Term Loan Agreement (Motorcar Parts America Inc), Credit Agreement (Tri-S Security Corp)
Investment Company Act. The Borrower is not an “"investment ---------------------- company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Wireless Facilities Inc), 364 Day Credit Agreement (PPL Corp), Lease Receivables Credit Agreement (Leasing Solutions Inc)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Pinnacle Gas Resources, Inc.), Credit Agreement (Toreador Royalty Corp), Credit Agreement (Trek Resources Inc)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Reschke Michael W), Loan Agreement (Reschke Michael W), Loan Agreement (Reschke Michael W)
Investment Company Act. The Borrower is not an “investment company” Investment Company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Secured Loan Agreement (Pennsylvania Real Estate Investment Trust), Revolving Credit Loan Agreement (First Washington Realty Trust Inc), Revolving Credit Agreement (Pennsylvania Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust), Loan Agreement (Morgans Foods Inc), Revolving Credit Agreement (Prospect Medical Holdings Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of under the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Gainsco Inc), Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc), Loan Agreement (Cooker Restaurant Corp /Oh/)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)
Investment Company Act. The Borrower is not an “investment company”, or an “affiliated company” within the meaning or a “principal underwriter” of an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Credit Agreement (SeaCube Container Leasing Ltd.)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " under the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Mirant Corp), Credit Agreement (Mirant Americas Generating LLC), Credit Agreement (Mirant Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Borrower Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aero Systems Engineering Inc), Revolving Credit Agreement (Lasersight Inc /De), Revolving Credit Agreement (Lasersight Inc /De)
Investment Company Act. The Borrower is not neither an “"investment company” " nor a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Century Casinos Inc /Co/), Credit Agreement (Monarch Casino & Resort Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Loan, Pledge and Security Agreement, Loan, Pledge and Security Agreement (Softech Inc), Loan, Pledge and Security Agreement (Softech Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company 1940 Act or is exempt from the provisions of 1940, as amendedthe 1940 Act.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Credit Agreement (Golub Capital BDC, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Next Inc/Tn), Revolving Credit and Security Agreement (Aames Financial Corp/De), Revolving Credit and Security Agreement (ECC Capital CORP)
Investment Company Act. The Borrower is not an “"investment company” " or a Borrower "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of ”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Subordinated Term Loan Agreement, Subordinated Term Loan Agreement (Crescent Financial Corp), Subordinated Term Loan Agreement (United Community Banks Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedAct.
Appears in 4 contracts
Samples: Credit Agreement (Fifth Street Senior Floating Rate Corp.), Credit Agreement (Fifth Street Senior Floating Rate Corp.), Credit Agreement (Pg&e Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to regulation under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 4 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (International Paper Co /New/), Financing Agreement (Met Pro Corp), Financing Agreement (Quaker Chemical Corp)
Investment Company Act. The Borrower is not an “investment company or a company Controlled by an investment company” , within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement, Senior Secured Loan Agreement (PCT LLC), Senior Secured Term Loan Facility (PCT LLC)
Investment Company Act. The Borrower is not an “a "investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Humphrey Hospitality Trust Inc), Loan Agreement (Humphrey Hospitality Trust Inc), Loan Agreement (Humphrey Hospitality Trust Inc)
Investment Company Act. The Borrower is not and, after the borrowing of the Senior Loans and the application of the proceeds thereof as described in the Disclosure Documents, will not be an “investment company” within as defined in the meaning of the United States Investment Company Act of 1940, as amendedamended (the “Investment Company Act”).
Appears in 3 contracts
Samples: Credit Agreement (NextDecade Corp.), Credit Agreement (NextDecade Corp.), Credit Agreement (NextDecade Corp.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Idacorp Inc), Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Rloc Credit Agreement (Healthier Choices Management Corp.), Rloc Credit Agreement (Healthier Choices Management Corp.), Rloc Credit Agreement (Healthier Choices Management Corp.)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Syndicated Food Service International Inc), Credit and Security Agreement (Cohesant Technologies Inc), Credit and Security Agreement (Cohesant Technologies Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ," or a company "controlled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Metromedia International Group Inc), Credit Agreement (Metromedia International Group Inc), Credit Agreement (Metromedia International Group Inc)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company” each as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Walgreen Co), Credit Agreement (Walgreen Co), 364 Day Bridge Term Loan Agreement (Walgreen Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or is required to be registered as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Term Loan Agreement (Howmet Aerospace Inc.), Term Loan Agreement (Howmet Aerospace Inc.), 364 Day Bridge Term Loan Agreement (Alcoa Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of company as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Regan Holding Corp), Financing Agreement (Panda Ethanol, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled by an investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit and Reimbursement Agreement (Alliance Medical Corp), Credit Agreement (Onesource Technologies Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (Minuteman International Inc), Loan Agreement (Magna Group Inc)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 19401940 of the United States, as amended.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ," as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)
Investment Company Act. The Borrower is not an “"investment company” ' or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Electronic Fab Technology Corp), Credit Agreement (Analytical Surveys Inc)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Credentials Services International Inc), Credit Agreement (Credentials Services International Inc)
Investment Company Act. The Such Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Capmark Finance Inc.), Credit Agreement (Capmark Financial Group Inc.)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pg&e Corp), Credit Agreement (Pacific Gas & Electric Co)
Investment Company Act. The Borrower is not an “"investment company” " nor a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Spincycle Inc), Loan and Security Agreement (Spincycle Inc)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Capital Associates Inc), Term Loan and Security Agreement (Novastar Financial Inc)
Investment Company Act. The Borrower is not an “investment company”, nor a company “controlled” within the meaning of by an “investment company,” as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Formation, Contribution and Investment Agreement (MSG Spinco, Inc.), Formation, Contribution and Investment Agreement (Madison Square Garden Co)
Investment Company Act. The Borrower is not an “"investment ---------------------- company", or a company "controlled" by an "investment company” ", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Life Financial Corp), Credit Agreement (Conectiv Inc)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (HCS Ii Inc), Credit Agreement (Washington Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. bt. [Intentionally Omitted.]
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ameren Illinois Co), Credit Agreement (Ameren Illinois Co)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Warehousing Credit, Term Loan and Security Agreement (American Home Mortgage Holdings Inc), Warehousing Credit and Security Agreement (American Home Mortgage Holdings Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the United States Investment Company Act of 1940, 1940 as amended.;
Appears in 2 contracts
Samples: Loan Agreement (Mercer International Inc), Loan Agreement (Mercer International Inc)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Image Entertainment Inc), Credit Agreement (Image Entertainment Inc)
Investment Company Act. The Borrower is not, and immediately after the application of the proceeds of each Loan hereunder will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Three Year Credit Agreement (American Express Credit Corp), Syndicated Facility Subscription Agreement (American Express Credit Corp)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ", a company "controlled by" an "investment company" or a company required to register as an "investment company," each as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Borrower is not a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Loan Agreement (Employee Solutions Inc), Loan Agreement (Continental Homes Holding Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)
Investment Company Act. The Such Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), Credit Agreement (Nationwide Financial Services Inc/)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, and neither the entering into of this Agreement or any of the other Loan Documents nor the issuance of the Note nor the performance hereof or thereof nor any borrowing hereunder violates or will violate any provision of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Labranche & Co Inc), Credit Agreement (Labranche & Co Inc)
Investment Company Act. The Borrower is not an “investment company,” within the meaning of as defined in, or subject to registration under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Investment Company Act. The Borrower is not an “investment company” (within the meaning of the Investment Company Act of 1940, as amended).
Appears in 2 contracts
Samples: Credit Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as such term is defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Acquisition Corp)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment investment Company Act of 1940, as amended.
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Investment Company Act. The Borrower is not an “"investment company” within " (as the meaning of quoted term is defined or used in the Investment Company Act of 1940, as amended).
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Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company, within the meaning of the Investment Company Act of 1940, as amended.
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Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Borrower Act of 1940, as amended.. 4
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Samples: Credit Agreement (Paula Financial)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in the Investment Company Act of 1940, as amended.
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