Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 59 contracts
Samples: Revolving Credit Facility Agreement (Home Depot, Inc.), 364 Day Revolving Credit Facility Agreement (Home Depot, Inc.), Revolving Credit Facility Agreement (Home Depot, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 48 contracts
Samples: Term Loan Agreement (Axogen, Inc.), Term Loan Agreement (NeuroPace Inc), Term Loan Agreement (NeuroPace Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 46 contracts
Samples: Credit Agreement (Home Depot Inc), Credit Agreement (Airborne Freight Corp /De/), Credit Agreement (Fairpoint Communications Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 38 contracts
Samples: Credit Agreement (Seaport Entertainment Group Inc.), Credit Agreement (Neuronetics, Inc.), Credit Agreement (Seaport Entertainment Group Inc.)
Investment Company Act. Neither the Borrower nor any 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 36 contracts
Samples: Credit Agreement (Huntsman International LLC), Credit Agreement (Moneygram International Inc), Credit Agreement
Investment Company Act. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Loan Agreement (Home Solutions of America Inc), Credit Agreement (Home Solutions of America Inc), Loan Agreement (Isecuretrac Corp)
Investment Company Act. Neither the Borrower nor any 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 30 contracts
Samples: 5 Year Credit Agreement (NOV Inc.), Credit Agreement (CERNER Corp), 5 Year Credit Agreement (National Oilwell Varco Inc)
Investment Company Act. Neither the Borrower nor any 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 26 contracts
Samples: Credit Agreement (Brinker International Inc), Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (3dx Technologies Inc)
Investment Company Act. Neither the Borrower nor any 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 26 contracts
Samples: Senior Subordinated Note Purchase Agreement (Polymer Group Inc), Credit Agreement (Next Level Communications Inc), Credit Agreement (Rutherford-Moran Oil Corp)
Investment Company Act. Neither the Borrower Borrower, the Parent nor any of its their respective 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 23 contracts
Samples: Credit Agreement, Senior Secured Term Loan Agreement (Seritage Growth Properties), Senior Unsecured Term Loan Agreement (Seritage Growth Properties)
Investment Company Act. Neither the Borrower nor any 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 22 contracts
Samples: 364 Day Credit Agreement (Transocean Sedco Forex Inc), Credit Agreement (Waters Corp /De/), Credit Agreement (NRT Inc)
Investment Company Act. Neither the Borrower nor any 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 20 contracts
Samples: Quarterly Report, Loan Agreement (Natural Gas Services Group Inc), Credit Agreement (Peebles Inc)
Investment Company Act. Neither the Borrower nor any 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 19 contracts
Samples: Term Loan Agreement (National Fuel Gas Co), 364 Day Credit Agreement (National Fuel Gas Co), Credit Agreement (National Fuel Gas Co)
Investment Company Act. Neither the Borrower Acquiror nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 17 contracts
Samples: Merger Agreement (KORE Group Holdings, Inc.), Agreement and Plan of Merger (Ventoux CCM Acquisition Corp.), Merger Agreement (Tailwind Two Acquisition Corp.)
Investment Company Act. Neither the Borrower Company nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Business Combination Agreement (Insight Acquisition Corp. /DE), Business Combination Agreement (Growth Capital Acquisition Corp.), Merger Agreement (Greenidge Generation Holdings Inc.)
Investment Company Act. Neither the Borrower nor any of its Restricted 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 16 contracts
Samples: Credit Agreement (Seacor Holdings Inc /New/), Credit Agreement (Seacor Holdings Inc /New/), Superpriority Secured Debtor in Possession Term Loan Agreement (Pacific Drilling S.A.)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is 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: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Concordia International Corp.)
Investment Company Act. Neither the Borrower Company nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Credit Agreement (Valspar Corp), Restructuring Agreement (Silicon Gaming Inc), Securities Purchase Agreement (Streamline Inc)
Investment Company Act. Neither Holdings nor the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 14 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Rockwood Holdings, Inc.), Credit Agreement (Rockwood Holdings, Inc.)
Investment Company Act. Neither the U.S. Borrower nor any 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 13 contracts
Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.), Credit Agreement (Dole Food Co Inc)
Investment Company Act. Neither the Borrower nor any of its Relevant Subsidiaries is 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 12 contracts
Samples: Credit Agreement (Aris Water Solutions, Inc.), Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP)
Investment Company Act. Neither the Borrower Acquiror nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Western Acquisition Ventures Corp.), Business Combination Agreement (StoneBridge Acquisition Corp.), Merger Agreement (Western Acquisition Ventures Corp.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 9 contracts
Samples: Credit Agreement (United Community Banks Inc), Credit Agreement (Hancock Holding Co), 364 Day Revolving Credit Agreement (BNC Bancorp)
Investment Company Act. Neither the Borrower nor any 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 9 contracts
Samples: Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc)
Investment Company Act. Neither the Borrower Company nor any of its Subsidiaries is 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 9 contracts
Samples: Backstop Commitment Agreement (Gulfmark Offshore Inc), Backstop Commitment Agreement (Bonanza Creek Energy, Inc.), Backstop Commitment Agreement (Chaparral Energy, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), 364 Day Credit Agreement (Williams Sonoma Inc)
Investment Company Act. Neither the Borrower nor any 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 8 contracts
Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Gaylord Container Corp /De/), Credit Agreement (Noveon Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 7 contracts
Samples: Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement (Invitae Corp), Credit Agreement (ArcherDX, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries the Company is an “"investment company” within the meaning ", or an "affiliated company" or a "principal underwriter" of an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Revolving Credit and Guaranty Agreement (Sl Green Realty Corp), Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 7 contracts
Samples: Credit Agreement (Safety Insurance Group Inc), Credit Agreement (City Office REIT, Inc.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Investment Company Act. Neither the any Borrower nor any 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 7 contracts
Samples: Five Year Revolving Credit Agreement (Visa Inc.), Five Year Revolving Credit Agreement (Visa Inc.), Five Year Revolving Credit Agreement (Visa Inc.)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is 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 7 contracts
Samples: Senior Secured Debtor in Possession Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Investment Company Act. Neither the Borrower nor any 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 6 contracts
Samples: Master Loan and Security Agreement (BNC Mortgage Inc), Master Loan and Security Agreement (Long Beach Financial Corp), Master Loan and Security Agreement (Chastain Capital Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Interphase Corp), Credit Agreement (Ezcorp Inc)
Investment Company Act. Neither the Borrower Borrower, the Guarantors nor any of its other Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Gables Residential Trust), Term Loan Credit Agreement (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Doral Financial Corp), Credit Agreement (Doral Financial Corp), Credit Agreement (Doral Financial Corp)
Investment Company Act. Neither the Parent Borrower nor any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Laureate Education, Inc.), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Laureate Education, Inc.)
Investment Company Act. Neither the Borrower nor any of its the Restricted Subsidiaries is 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: Credit Agreement (Enviva Partners, LP), Credit Agreement, Credit Agreement (Enviva Partners, LP)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is are 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 (BOSTON OMAHA Corp), Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (National Research Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Gulf Island Fabrication Inc), Revolving Credit and Term Loan Agreement (Gulf Island Fabrication Inc), Revolving Credit Agreement (Gulf Island Fabrication Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Investment Company Act. Neither the Borrower nor any 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 5 contracts
Samples: Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Atlantic City Electric Co)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is a “registered investment company”, or an “affiliated company” or a “principal underwriter” of a “registered investment company” within the meaning of ”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc)
Investment Company Act. Neither the Borrower nor any 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 5 contracts
Samples: Loan Agreement, Loan Agreement (Compressco Inc), Loan Agreement (Compressco Inc)
Investment Company Act. Neither the Borrower nor any 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 5 contracts
Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)
Investment Company Act. Neither the such Borrower nor any of its Restricted Subsidiaries is 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: Revolving Credit Facility Agreement (Weyerhaeuser Co), Revolving Credit Facility Agreement (Weyerhaeuser Co), Competitive Advance and Revolving Credit Facility Agreement (Weyerhaeuser Co)
Investment Company Act. Neither the Borrower nor any of its Restricted 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 4 contracts
Samples: Credit Agreement (Urban One, Inc.), Credit Agreement (About, Inc.), Credit Agreement (TAL International Group, Inc.)
Investment Company Act. Neither Other than Xxxxxx Xxxx Investors, Inc., neither the Borrower nor any 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 4 contracts
Samples: Credit Agreement (Horace Mann Educators Corp /De/), Credit Agreement (Horace Mann Educators Corp /De/), Credit Agreement (Horace Mann Educators Corp /De/)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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 Agreement, Term Loan Agreement (Weyerhaeuser Co), Term Loan Agreement (Weyerhaeuser Co)
Investment Company Act. Neither the Borrower Borrower, its Subsidiaries nor any of its Subsidiaries Affiliate thereof, is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)
Investment Company Act. Neither the Borrower nor any 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 4 contracts
Samples: Credit Agreement (Gateway Trade Center Inc.), Credit Agreement (Vishay Precision Group, Inc.), Credit Agreement (Saratoga Resources Inc /Tx)
Investment Company Act. Neither the Borrower Borrower, the Parent nor any of its their respective 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 4 contracts
Samples: Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc), Senior Unsecured Credit Agreement (Lasalle Hotel Properties), Senior Unsecured Credit Agreement (Lasalle Hotel Properties)
Investment Company Act. Neither the Borrower nor any of its Restricted 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 4 contracts
Samples: Third Lien Senior Secured Term Loan Agreement (Alta Mesa Holdings, LP), Senior Secured Term Loan Agreement (Alta Mesa Holdings, LP), Credit Agreement (Kate Spade & Co)
Investment Company Act. Neither the Borrower nor any of its Borrower's 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 4 contracts
Samples: Credit Agreement (M I Schottenstein Homes Inc), Fifth Restated Revolving Credit Loan, Swingline Loan and Standby Letter of Credit Agreement (M I Schottenstein Homes Inc), Revolving Credit Loan Agreement (M I Schottenstein Homes Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Co), Credit Agreement (McDermott International Inc)
Investment Company Act. Neither the Borrower nor any 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 4 contracts
Samples: Second Lien Senior Subordinated Term Loan Agreement (Linn Energy, LLC), Credit Agreement (Linn Energy, LLC), Credit Agreement (Linn Energy, LLC)
Investment Company Act. Neither the Borrower nor any of its Borrower’s 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 4 contracts
Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)
Investment Company Act. Neither the Borrower nor any 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 4 contracts
Samples: CMBS Loan Agreement (Capital Trust Inc), CMBS Loan Agreement (Capital Trust), Master Loan and Security Agreement (Capital Trust)
Investment Company Act. Neither the Borrower Borrower, the Parent nor ---------------------- any of its their respective 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 3 contracts
Samples: Senior Unsecured Credit Agreement (Lasalle Hotel Properties), Credit Agreement (American General Hospitality Corp), Senior Secured Credit Agreement (Meristar Hotels & Resorts Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 3 contracts
Samples: Credit Agreement (APEG Energy II, LP), Credit Agreement (Diamondback Energy, Inc.), Credit Agreement (Us Energy Corp)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC), Credit Agreement (Chevron Phillips Chemical Co LLC), 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Facility Agreement (Pioneer Natural Resources Co), Credit Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co)
Investment Company Act. Neither the such Borrower nor any of its Relevant 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 3 contracts
Samples: Senior First Lien Secured Credit Agreement (Cross Border Resources, Inc.), Senior First Lien Secured Credit Agreement (Cross Border Resources, Inc.), Senior First Lien Secured Credit Agreement (Red Mountain Resources, Inc.)
Investment Company Act. Neither the U.S. Borrower nor any of its the Subsidiaries is, or is regulated as an “"investment company” within the meaning of ," as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Evi Weatherford Inc), Credit Agreement (Evi Inc), Credit Agreement (Weatherford International Inc /New/)
Investment Company Act. Neither the Borrower Borrowers, the Guarantors nor any of its other Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Williams Sonoma Inc)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Agreement (Nesco Inc/Ok), Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Young Broadcasting Inc /De/)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Agreement (Pinnacle Gas Resources, Inc.), Secured Credit Agreement (Einstein Noah Bagel Corp), Lending and Credit Support Agreement (Redwood Trust Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “"investment company” within the meaning of " or a company "controlled" by an "investment company," as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Raptor Pharmaceutical Corp), Loan Agreement (Raptor Pharmaceutical Corp), Loan Agreement (Raptor Pharmaceutical Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Warehouse Credit Agreement (E Loan Inc), Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Mortgage Com Inc)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Agreement (Life Time Fitness Inc), Credit Agreement (Life Time Fitness Inc), Credit Agreement (Life Time Fitness Inc)
Investment Company Act. Neither the Borrower Borrower, the Guarantors nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” company within the meaning of the Investment Company Act of 1940, as amended, or, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company, within the meaning of said Act.
Appears in 3 contracts
Samples: Loan Agreement (America West Resources, Inc.), Loan Agreement (America West Resources, Inc.), Credit Agreement (Sterling Chemicals Inc)
Investment Company Act. Neither In the case of the Borrower only, neither it nor any 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 3 contracts
Samples: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Agreement (Seabulk Offshore LTD), Credit Agreement (Seabulk International Inc), Credit Agreement (Hvide Marine Inc)
Investment Company Act. Neither the any Borrower nor any of its Subsidiaries is 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 3 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc)
Investment Company Act. Neither the Borrower nor any 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 3 contracts
Samples: Credit Agreement (Mediacom LLC), Credit Agreement (Premier Parks Inc), Credit Agreement (Mediacom LLC)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Physician Reliance Network Inc), Credit Agreement (Omnicom Group Inc), 364 Day Credit Agreement (Omnicom Group Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted 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 3 contracts
Samples: Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit and Security Agreement (Thomaston Mills Inc), Credit and Security Agreement (Thomaston Mills Inc), Credit and Security Agreement (Thomas & Betts Corp)
Investment Company Act. Neither the Borrower Borrower, nor any of its Subsidiaries 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 3 contracts
Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (Todco), Credit Agreement (General Maritime Corp/)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” within the meaning of or a company “controlled” by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Investment Company Act. Neither the Borrower nor any 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 2 contracts
Samples: Loan and Security Agreement (Factory Card Outlet Corp), Loan and Letter of Credit Reimbursement Agreement (Unitog Co)
Investment Company Act. Neither the Borrower Borrower, nor any of its Subsidiaries 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 2 contracts
Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (Flowers Foods Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is are 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: Second Lien Credit Agreement (HUGHES Telematics, Inc.), Credit Agreement (HUGHES Telematics, Inc.)
Investment Company Act. Neither the Borrower nor any 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 2 contracts
Samples: Senior Secured Credit Agreement (Hiland Holdings GP, LP), Senior Secured Credit Agreement (Hiland Holdings GP, LP)
Investment Company Act. Neither the Borrower nor any 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 2 contracts
Samples: Revolving Credit Agreement (Transocean Inc), 364 Day Credit Agreement (Transocean Sedco Forex Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is is, and will not during the term of this Agreement be an “investment company” ”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (PHH Corp), Credit Agreement (PHH Corp)
Investment Company Act. Neither the Borrower Borrowers nor any of its the Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (Belden Inc), Credit Agreement (Crown Crafts Inc)
Investment Company Act. Neither the Borrower nor any of its Consolidated Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Checkers Drive in Restaurants Inc /De)
Investment Company Act. Neither the Borrower nor any 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. The Borrower is not engaged in the "investment business" as defined in The Investment Business Act 1998.
Appears in 2 contracts
Samples: Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Montpelier Re Holdings LTD)
Investment Company Act. Neither the Borrower Debtors nor any of its their Subsidiaries is 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: Backstop Commitment Agreement, Plan Support and Lock Up Agreement
Investment Company Act. Neither of the Borrower Borrowers nor any of its the Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Southern Electronics Corp), Credit Agreement (Sed International Holdings Inc)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or of a "subsidiary company" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Bracknell Corp), Credit Agreement (Bracknell Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an “investment company” "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 (York Group Inc \De\), Credit Agreement (Palex Inc)
Investment Company Act. Neither the Borrower Borrower, the Parent ---------------------- nor any of its their respective 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 2 contracts
Samples: Senior Unsecured Credit Agreement (American General Hospitality Corp), Subordinate Unsecured Credit Agreement (American General Hospitality Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Credit Agreement (NRG Generating U S Inc), Supplemental Loan Agreement (NRG Generating U S Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries Guarantor or Subsidiary is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (JDN Realty Corp), Credit Agreement (JDN Realty Corp)
