Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 26 contracts
Samples: Guaranty Agreement (Oil Dri Corporation of America), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Newport Corp)
Investment Company; Public Utility Holding Company. Neither the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 23 contracts
Samples: Credit Agreement, Credit Agreement (Ios Brands Corp), Credit Agreement (Cleveland Cliffs Inc)
Investment Company; Public Utility Holding Company. Neither the Company 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, or a "“public utility holding company" ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 13 contracts
Samples: Credit Agreement (American Pharmaceutical Partners Inc /De/), Credit Agreement (Kimball Hill, Inc.), Revolving Credit Agreement (World Acceptance Corp)
Investment Company; Public Utility Holding Company. Neither the 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, or a "“public utility holding company" ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Oil-Dri Corp of America), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc)
Investment Company; Public Utility Holding Company. Neither the No Company nor or 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. Section 6.14.
Appears in 1 contract
Samples: Term Credit Agreement (Anicom Inc)
Investment Company; Public Utility Holding Company. Neither None of the Company nor Borrowers or 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the Company Borrower nor any Subsidiary is is, or after giving effect to any Advance 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, or a "public utility holding company" within . Neither the meaning of Borrower nor any Subsidiary is subject to regulation under the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither of the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. .
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary is an "investment company" or a "company "controlled" by an "investment company" or an "affiliate" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Neither the Company nor any Subsidiary is a "holding company", or a "public utility subsidiary company" of a "holding company", or an affiliate" of a "holding company" within the meaning or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. 8.17.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the Company Parent 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.public
Appears in 1 contract
Samples: Long Term Multicurrency Credit Agreement (Anicom Inc)
Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Hk Systems Inc)
Investment Company; Public Utility Holding Company. Neither the -------------------------------------------------- Company nor any Subsidiary of its subsidiaries is (i) an "investment company" company or a company "controlled" controlled by an "investment company" company within the meaning of the Investment Company Act of 1940, as amendedamended (the Investment Company Act), and the rules and regulations of the Commission thereunder or (ii) a holding company or a "public utility subsidiary company of a holding company" 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 (Telecorp Tritel Holding Co)