Common use of Investment Company Acts Clause in Contracts

Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Talbots Inc), Revolving Credit Agreement (Talbots Inc), Revolving Credit Agreement (Talbots Inc)

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Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is an “investment company”, or an “affiliated personcompany” or “promoter” of, or a “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended. The Borrower is not engaged in the “investment business” as defined in Txx Xxxxxxxxxx Xxxxxxxx Xxx 0000 of Bermuda.

Appears in 3 contracts

Samples: Assignment and Assumption (Montpelier Re Holdings LTD), Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Investment Company Acts. Neither the The Borrower nor any of its Subsidiaries is not an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is an "investment company", or an "affiliated person” company" or “promoter” of, or “a "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

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Investment Company Acts. Neither the Borrower nor any of its Subsidiaries is an “investment company”, or an “affiliated personcompany” or “promoter” of, or a “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Mortgage Warehousing (Ares Commercial Real Estate Corp)

Investment Company Acts. Neither None of the Borrower nor Borrowers or any of its Subsidiaries is an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Emrise CORP)

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