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

Investment Company; Public Utility Holding Company. Borrower 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 "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.

Investment Company; Public Utility Holding Company. Borrower is not (a) an "investment company" or a company "company controlled controlled" by an investment company" company within the meaning of the Investment Company Act of 1940, as amended, ; or (b) a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of either 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.

Investment Company; Public Utility Holding Company. The Borrower is not (a) an "investment company" or a company "company controlled controlled" by an investment company" company within the meaning of the Investment Company Act of 1940, as amended, ; or (b) a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of either 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.

Investment Company; Public Utility Holding Company. Borrower is not (a) an "“investment company" ” or a "company controlled “controlled” by an investment company" company within the meaning of the Investment Company Act of 1940, as amended, ; or (b) a “holding company” or a "“subsidiary company” of a “holding company," ” or an “affiliate” of either 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.

Investment Company; Public Utility Holding Company. Borrower is not (i) an "“investment company" ” or a "company controlled “controlled” by an “investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or a "holding company," (ii) subject to any other Applicable Law which purports to regulate or a "subsidiary company" restrict its ability to borrow money or obtain other extensions of a "holding company," credit or an "affiliate" of a "holding company" to consummate the transactions contemplated by this Agreement or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amendedto perform its obligations under any Loan Document.

Investment Company; Public Utility Holding Company. The Borrower is not an "investment company" or a company "company controlled controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility 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.

Investment Company; Public Utility Holding Company. The Borrower -------------------------------------------------- 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 "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.