Common use of Investment Company; Public Utility Holding Company Clause in Contracts

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary No Loan Party nor 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary nor any other of the Subsidiaries or Loan Party Parties 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, (ii) 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, or (iii) subject to any other Applicable Law law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or the other Loan Documents or to perform its obligations under any Loan Document to which it is a partyhereunder or thereunder.

Investment Company; Public Utility Holding Company. Neither the Borrower nor Borrower, any Subsidiary Guarantor nor 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor any Subsidiary nor Borrower, any other Loan Party Obligor or any 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Parent, the Borrower, any other Subsidiary nor 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Parent nor the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Borrowers, any Subsidiary nor any of the other Loan Party Parties or any of the other 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Borrowers, any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.. (q)

Investment Company; Public Utility Holding Company. Neither None of the Parent, the Borrower nor any Subsidiary nor 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower Borrower, nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement Transactions or to perform its obligations under any Loan Document or Acquisition Document to which it is a party.

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Credit Document to which it is a party.

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary nor Parent, the Borrower, any other Loan Party or any other Subsidiary of the Parent 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Continuing Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to -42 consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. Neither the Borrower Borrower, nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement Transactions or to perform its obligations under any Loan Document or Acquisition Document to which it is a party.

Investment Company; Public Utility Holding Company. Neither None of the Borrower nor any Subsidiary nor -------------------------------------------------- Borrower, the Parent 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Credit Document to which it is a party.

Investment Company; Public Utility Holding Company. Neither None of the Borrower nor any Subsidiary nor Borrower, any other Loan Party Obligor or any 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary 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, . Neither the Borrower nor any Subsidiary is (iii) a “"holding company” " or a “-48- 52 "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, or (iiiii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Borrower, any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Borrower, any Subsidiary nor Guarantor, any other Loan Party Subsidiary of the Parent, or RRG 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor any Subsidiary nor Borrower, the Parent 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor -------------------------------------------------- Borrower, any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary No Loan Party, nor 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or obtain other extensions of credit or 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; Public Utility Holding Company. Neither the Borrower nor Borrower, any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither the Borrower nor any Subsidiary No Loan Party, nor any other Loan Party Subsidiary, is (i) an “"investment company” " or a company “"controlled” " by an “"investment - 42 - company” " within the meaning of the Investment Company Act of 1940, as amended, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or obtain other extensions of credit or 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; Public Utility Holding Company. Neither the Borrower nor Borrower, any Subsidiary 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or 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; Public Utility Holding Company. Neither None of the Borrower nor Borrower, any Subsidiary nor Guarantor or any other Loan Party Subsidiary of the Parent 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, (ii) 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, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.