Investment Company; Holding Company. Neither the Company nor any of its subsidiaries is (a) an "investment company" or a company "controlled by" an investment company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder or (b) a "holding company" or a "subsidiary company" of a holding company or an "affiliate" thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Uniplast Midwest Inc), Securities Purchase Agreement (Pliant Corp)
Investment Company; Holding Company. Neither the Company nor any of its subsidiaries stockholders or affiliates is (a) an "investment company" or a company "controlled bycontrolled" by an "investment company company" within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations or a "holding company," a "subsidiary company" of the Commission thereunder a "holding company" or (b) an "affiliate" of a "holding company" or a "subsidiary companypublic utility" of a holding company or an "affiliate" thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Holding Company. Neither the Company nor any of its subsidiaries is (ai) an "investment company" or a company "controlled by" an investment company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder or (bii) a "holding company" or a "subsidiary company" of a holding company or an "affiliate" thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Huntsman Packaging of Canada LLC)
Investment Company; Holding Company. Neither the Company nor any of its subsidiaries stockholders or affiliates is (a) an "investment company" or a company "controlled bycontrolled" by an "investment company company" within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder or (b) a "holding company," or a "subsidiary company" of a "holding company company" or an "affiliate" thereof of a " holding company" or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended. Section 3.24.
Appears in 1 contract
Samples: Acquisition and Merger Agreement (Harland John H Co)
