Common use of Investment Company; Etc Clause in Contracts

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary or any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit or repay indebtedness.

Investment Company; Etc. None of Neither the Parent, the Borrower, Borrower nor any Subsidiary or nor any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of Neither the Parent, Parent nor the Borrower, Borrower nor any Subsidiary or nor any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the ParentHoldings, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law (other than the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act) which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary Borrower or any other Loan Party Subsidiary is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary or any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any other Subsidiary or any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrowerany Subsidiary, any Joint Venture Subsidiary or any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary is (i) an “"investment company” " or a company “"controlled” " by an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary other Obligor or any other Loan Party of their respective Subsidiaries, is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtednessto consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Etc. None of the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtedness.to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party. ​

Investment Company; Etc. None of Neither the Parent, Parent nor the Borrower, Borrower nor any Subsidiary or nor any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money, otherwise obtain extensions of credit money or repay indebtedness.to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party. LEGAL02/38482536v6