Investment Company Act. Neither the Borrower nor any Subsidiary is 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 177 contracts
Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Radian Group Inc), Credit Agreement (Patterson Companies, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 131 contracts
Samples: Credit Agreement (Cobiz Financial Inc), Credit Agreement (Kimball International Inc), Five Year Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 113 contracts
Samples: Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is 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 106 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (Nuco2 Inc /Fl), Credit Agreement (Delphi Financial Group Inc/De)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is 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 65 contracts
Samples: Letter of Credit Facility Agreement (Arch Capital Group Ltd.), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 57 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Alleghany Corp /De)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 48 contracts
Samples: Credit Agreement (Crimson Exploration Inc.), Credit Agreement (Bargo Energy Co), First Lien Credit Agreement (Wca Waste Corp)
Investment Company Act. Neither the Borrower Company nor any Subsidiary is 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 37 contracts
Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (Brady Corp), Credit Agreement (Penske Automotive Group, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 34 contracts
Samples: Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp), Credit Agreement (MidWestOne Financial Group, Inc.)
Investment Company Act. Neither the Borrower Company nor any Subsidiary is 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 32 contracts
Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Universal Forest Products Inc), Credit Agreement (Duff & Phelps Credit Rating Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 29 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (Norstan Inc), Credit Agreement (Patterson Dental Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 25 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Nine Energy Service, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 25 contracts
Samples: Credit Agreement (Daktronics Inc /Sd/), Credit Agreement (Peoples Bancorp Inc), Credit Agreement (Xenith Bankshares, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “investment company” as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 24 contracts
Samples: Term Loan Agreement (Centerpoint Energy Houston Electric LLC), Term Loan Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (Pyramid Oil Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 23 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 18 contracts
Samples: Credit Agreement (Hi-Crush Inc.), Senior Secured Debtor in Possession Term Loan Credit Agreement (Hi-Crush Inc.), Senior Secured Debtor in Possession Credit Agreement (Hi-Crush Inc.)
Investment Company Act. Neither None of the Borrower nor or any Restricted Subsidiary is 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 17 contracts
Samples: Credit Agreement (Academy Sports & Outdoors, Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Second Lien Credit Agreement (Atlas Resource Partners, L.P.), Credit Agreement (Forest Oil Corp), Credit Agreement (Eagle Rock Energy Partners L P)
Investment Company Act. Neither None of the Borrower nor or any Subsidiary is an “investment company” or a company is “controlled” by an “investment company”,” as such terms are defined in, within the meaning of or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Credit Agreement (Verrica Pharmaceuticals Inc.), Credit Agreement (DarioHealth Corp.), Credit Agreement (TELA Bio, Inc.)
Investment Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is 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 14 contracts
Samples: Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co), Credit Agreement
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 14 contracts
Samples: Credit Agreement (Beazer Homes Usa Inc), Term Loan Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Term Loan and Security Agreement (Innotrac Corp), Revolving Credit and Security Agreement (Intelligroup Inc), Revolving and Term Credit and Security Agreement (Aerosonic Corp /De/)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 11 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Loan Agreement (Lifevantage Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 11 contracts
Samples: Loan Agreement (Sharps Compliance Corp), Loan Agreement (Global Geophysical Services Inc), Loan Agreement (Dgse Companies Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 9 contracts
Samples: Annual Report, Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 8 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Vectren Corp), Credit Agreement (Callon Petroleum Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is is, or after giving effect to any Loan will be, 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 8 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 8 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Term Loan Agreement (Jack Henry & Associates Inc), Credit Agreement (Universal Electronics Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 7 contracts
Samples: Loan Agreement (Cardiovascular Systems Inc), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)
Investment Company Act. Neither the Borrower nor any Subsidiary ---------------------- thereof is 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 7 contracts
Samples: Credit Agreement (Torchmark Corp), Credit Agreement (Gardner Denver Inc), Credit Agreement (Torchmark Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 7 contracts
Samples: Credit Agreement (Insperity, Inc.), Credit Agreement (Insperity, Inc.), Loan Agreement (Sharps Compliance Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Consolidated Subsidiaries is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Evolve Transition Infrastructure LP), Credit Agreement (Sanchez Midstream Partners LP), Credit Agreement (Sanchez Production Partners LP)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 (Montage Resources Corp), Credit Agreement (Del Frisco's Restaurant Group, Inc.), Credit Agreement (Del Frisco's Restaurant Group, Inc.)
Investment Company Act. Neither the Borrower nor any ------------------------ Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (St Mary Land & Exploration Co), Credit Agreement (Us Energy Corp), Credit Agreement (Crested Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Acquisition Facility and Revolving Credit Facility Agreement (Continucare Corp), Credit and Security Agreement (Prestige Cosmetics Corp), Acquisition Facility and Revolving Credit Facility Agreement (Continucare Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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: Term Loan Agreement (Vectren Utility Holdings Inc), Credit Agreement (Torchmark Corp), Credit Agreement (Vectren Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is an “investment company” or a company “controlled” by an “investment company”, ” or a “subsidiary” of an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Term Loan and Revolving Credit Agreement (Byline Bancorp, Inc.), Revolving Credit Agreement (Byline Bancorp, Inc.), Loan and Security Agreement (Ulta Beauty, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 (Stepan Co), Credit Agreement (Stepan Co), Credit Agreement (Stepan Co)
Investment Company Act. Neither the Company nor the Borrower nor any Subsidiary is 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: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (Summit Midstream Partners, LP), Term Loan Credit Agreement (Summit Midstream Partners, LP), Purchase Agreement (Summit Midstream Partners, LP)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is 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: 364 Day Credit Agreement (Atlantic City Electric Transition Funding LLC), Credit Agreement (Pepco Holdings Inc), Credit Agreement (Atlantic City Electric Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Non Revolving Credit Agreement (Unilife Corp), Loan and Security Agreement (Primo Water Corp), Loan and Security Agreement (Vitacost.com, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is of its Consolidated Subsidiaries are an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 (Nui Corp /Nj/), Credit Agreement (Cybex International Inc), Credit Agreement (Farm Journal Corp)
Investment Company Act. Neither the any Borrower nor any Subsidiary is 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 (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/)
Investment Company Act. Neither the No Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Cabelas Inc), Credit Agreement (Sunlink Health Systems Inc), Senior Unsecured Revolving Credit Agreement (Ch2m Hill Companies LTD)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 and Security Agreement (Pemstar Inc), Credit and Security Agreement (Lifecore Biomedical Inc), Credit and Security Agreement (Premiumwear Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc), Loan Agreement (Potomac Electric Power Co)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Oceaneering International Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” ”, or a company “controlled” by 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 5 contracts
Samples: Three Year Competitive Revolving Credit Agreement, Five Year Competitive Advance and Revolving Credit Agreement (Raytheon Co/), Credit Agreement (Raytheon Co/)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is 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: Secured Line of Credit Loan Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “Person "controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Reinsurance Group of America Inc), Credit Agreement (Reinsurance Group of America Inc), Credit Agreement (Garden State Newspapers Inc)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is 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 (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Subsidiary is ---------------------- 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 (Transit Group Inc), Credit Agreement (Transit Group Inc), Credit Agreement (Luiginos Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amended, and is not controlled by such a company.
Appears in 4 contracts
Samples: Amendment No. 3 (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower’s Subsidiaries is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc), Term Loan Agreement (Petroquest Energy Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by 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: Term Loan Credit Agreement (Rotech Healthcare Inc), Debt Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Investment Company Act. Neither of the Borrower nor any Subsidiary Borrowers is 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: Revolving Credit Agreement (M I Homes Inc), Revolving Credit Agreement (M I Schottenstein Homes Inc), Master Loan Agreement (Aegis Consumer Funding Group Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” or a “subsidiary” of an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Investment Company Act. Neither the Borrower Borrower, nor any Subsidiary Subsidiary, nor any Partnership, nor any LLC is 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: Loan Agreement (Amsurg Corp), Loan Agreement (Amsurg Corp), Loan Agreement (Amsurg Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is 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 (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Miller Energy Resources, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Restricted Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Master Assignment, Agreement, Amendment No. 1 and Waiver to Credit Agreement and Related Documents (Heckmann Corp), Credit Agreement (Heckmann Corp), Credit Agreement (Pioneer Drilling Co)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary thereof is 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: Interim Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc), Credit Agreement (Torchmark Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amendedamended from time to time.
Appears in 3 contracts
Samples: Credit Agreement (Freeport McMoran Inc), Credit Agreement (Freeport McMoran Resource Partners Limited Partnership), Credit Agreement (Freeport McMoran Copper & Gold Inc)
Investment Company Act. Neither the Borrower nor any Consolidated Subsidiary is (x) an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended, or (y) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Istar Financial Inc), 364 Day Credit Agreement (Istar Financial Inc), Revolving Credit Agreement (Istar Financial Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the “control” of an “investment company,” as those terms are defined in such Act, and shall not become such an “investment company” or under such “control.”
Appears in 3 contracts
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Global Crossing Holdings LTD), Credit Agreement (Globenet Communications Group LTD), Credit Agreement (Global Crossing LTD)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Second Lien Term Loan Agreement (Quest Resource Corp), Third Lien Term Loan Agreement (Quest Resource Corp), Second Lien Term Loan Agreement (Quest Resource Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Input Output Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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: Short Term Loan Agreement (Pepco Holdings Inc), Loan Agreement (Potomac Electric Power Co), Short Term Loan Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Revolving Credit Agreement (DPL Inc), Acquisition Credit Agreement (Transit Group Inc), 364 Day Credit Agreement (Mead Corp)
Investment Company Act. Neither the No Borrower nor any respective Subsidiary is an “investment company” ”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Borrower is subject to any Federal or state statute or regulation, which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DriveTime Automotive, Inc.)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pilgrim America Capital Corp), Credit Agreement (Pilgrim Capital Corp)
Investment Company Act. Neither the Borrower Borrowers nor any Significant Subsidiary thereof is 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 (Protective Life Insurance Co), Credit Agreement (Protective Life Corp)
Investment Company Act. Neither the Borrower nor any its Subsidiary is 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: Restated Revolving Credit Loan, Seasonal Loan and Standby Letter of Credit Agreement (M I Schottenstein Homes Inc), Revolving Credit Loan and Standby Letter of Credit Agreement (M I Schottenstein Homes Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of its subsidiaries is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Convertible Loan Agreement (Orgenesis Inc.), Convertible Loan Agreement (Orgenesis Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Shaw Group Inc), Credit Agreement (Itc Deltacom Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Term Loan Credit Agreement (Coterra Energy Inc.), Credit Agreement (Coterra Energy Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, " within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 2 contracts
Samples: Credit Agreement (Rowan Companies Inc), Credit Agreement (Rowan Companies Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by 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: Competitive Advance and Revolving Credit Agreement (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Agreement (Raytheon Co/)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company is “controlled” by an “investment company”, within the meaning of as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedamended and in effect from time to time.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Buckeye Partners, L.P.), Revolving Credit Agreement (Buckeye Partners, L.P.)
Investment Company Act. Neither the any Borrower nor any Subsidiary is 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 (Transcoastal Marine Services Inc), Credit Agreement (Transcoastal Marine Services Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 Facility Agreement, Credit Facility Agreement
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 and Subordinated Debenture Purchase Agreement (Centrue Financial Corp), Credit Agreement (Isramco Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “"investment company” " or a company “Person "controlled” " by a Person required to register as an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Medianews Group Inc), Credit Agreement (Medianews Group Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “"investment company” " or a company “Person "controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Garden State Newspapers Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, 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 (T-3 Energy Services Inc), Credit Agreement (T-3 Energy Services Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the "control" of an "investment company," as those terms are defined in such Act, and shall not become such an "investment company" or under such "control."
Appears in 2 contracts
Samples: Loan Agreement (Atlas Pipeline Partners Lp), Loan Agreement (Resource America Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of and subject to regulation under the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (American Real Estate Holdings L P), Credit Agreement (National Energy Group Inc)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)
Investment Company Act. Neither the Borrower nor any Subsidiary ---------------------- is 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 (Alliant Energy Corp), Credit Agreement (Qad Inc)
Investment Company Act. Neither None of the Borrower Borrowers nor any Subsidiary is 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 (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Revolving Credit and Term Loan Agreement (Adelphia Communications Corp), Credit Agreement (Midway Games Inc)
