Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 283 contracts
Samples: Limited Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement (Eagle Pharmaceuticals, Inc.), Revolving Credit Agreement (Rocket Companies, Inc.), Credit Agreement (Gatx Corp)
Investment Company Status. Neither the Borrower Company nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 159 contracts
Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Cme Group Inc.)
Investment Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 54 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Second Amended and Restated Credit Agreement (Magellan Midstream Partners, L.P.), Credit Agreement (Lamb Weston Holdings, Inc.)
Investment Company Status. Neither the Borrower Company nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 44 contracts
Samples: Revolving Credit Agreement (CDK Global, Inc.), Revolving Credit Agreement (CDK Global, Inc.), Revolving Credit Agreement (CDK Global, Inc.)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 37 contracts
Samples: Senior Unsecured Multi Year Revolving Credit Agreement (HF Sinclair Corp), Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp), Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp)
Investment Company Status. Neither the any Borrower nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 34 contracts
Samples: 364 Day Credit Agreement (Automatic Data Processing Inc), 364 Day Credit Agreement (Automatic Data Processing Inc), Credit Agreement (Automatic Data Processing Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 30 contracts
Samples: Revolving Credit Agreement (CSX Corp), Credit Agreement (Service Corp International), Credit Agreement (Bentley Systems Inc)
Investment Company Status. Neither the Borrower nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 28 contracts
Samples: Term Loan Credit Agreement (CDK Global, Inc.), Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries Restricted Subsidiary is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 26 contracts
Samples: Debt Agreement (Exco Resources Inc), Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)
Investment Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (Adeia Inc.), Credit Agreement (Maxlinear, Inc), Credit Agreement (Maxlinear Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 17 contracts
Samples: Credit Agreement (Marcus Corp), Term Loan Agreement (Smithfield Foods Inc), Credit Agreement (Marcus Corp)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” or a company “controlled” by an “investment company” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940.
Appears in 11 contracts
Samples: Credit Agreement (Allete Inc), Term Loan Agreement (Allete Inc), Credit Agreement (Allete Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or is subject to registration under such Act.
Appears in 10 contracts
Samples: Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.), 364 Day Term Loan Agreement (Tyson Foods Inc)
Investment Company Status. Neither the No Borrower nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 8 contracts
Samples: Loan Agreement (Meta Materials Inc.), Loan Agreement (Next Bridge Hydrocarbons, Inc.), 5 Year Revolving Credit Agreement (Diamond Offshore Drilling, Inc.)
Investment Company Status. Neither None of the Borrower nor or any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (Horizon Global Corp), Second Lien Term Loan Credit Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp)
Investment Company Status. Neither the No Borrower or Guarantor nor any of its their Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 7 contracts
Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries nor any Parent Company is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit Agreement (Brixmor Operating Partnership LP), Term Loan Agreement (Brixmor Operating Partnership LP)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Loan Agreement (Miller Energy Resources, Inc.), Credit Agreement (Forest Oil Corp), Loan Agreement (Miller Energy Resources, Inc.)
Investment Company Status. Neither the Borrower nor any of its Material Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Credit Agreement (Bowhead Specialty Holdings Inc.), Loan Agreement (Moodys Corp /De/), 364 Day Bridge Credit Agreement (Moodys Corp /De/)
Investment Company Status. Neither the Borrower it nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940. The Borrower is not subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), 5 Year Revolving Credit Agreement (NuStar Energy L.P.), 5 Year Revolving Credit Agreement (NuStar Energy L.P.)
Investment Company Status. Neither the U.S. Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940. The Borrower is not subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC), 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC), 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” or a company “controlled” by an “investment company” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC), Term Loan Agreement (Cleco Corp)
Investment Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject required to regulation register under, the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Zoetis Inc.), 364 Day Revolving Credit Agreement (Zoetis Inc.), Revolving Credit Agreement (Zoetis Inc.)
Investment Company Status. Neither Holdings, the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (American Media Operations Inc), Credit Agreement (Xm Satellite Radio Holdings Inc), Credit Agreement (Sirius Xm Radio Inc.)
Investment Company Status. Neither the U.S. Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc), Credit Agreement (Perrigo Co)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Bridge Loan Agreement (Heartland Payment Systems Inc), Credit Agreement (Heartland Payment Systems Inc), Credit Agreement (Heartland Payment Systems Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 19401940 (as amended to date) (except that for purposes of this representation, the term “Subsidiary” shall not include any investment company a majority of which is owned by the Borrower or one of its Affiliates as a result of the initial seed capital contributed by the Borrower or such Affiliate to such investment company in exchange for its shares).
Appears in 4 contracts
Samples: Credit Agreement (Legg Mason, Inc.), Credit Agreement (Legg Mason, Inc.), Revolving Credit Agreement (Legg Mason Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject required to regulation register under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Nextgen Healthcare, Inc.), Credit Agreement (Quality Systems, Inc), Credit Agreement (Myriad Genetics Inc)
Investment Company Status. Neither the Borrower nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Investment Company Status. Neither Holdings, the Borrower nor any of its their Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Term Loan Credit Agreement (Advance Auto Parts Inc)
Investment Company Status. Neither Except for Funds that are managed by Covered Subsidiaries of the Borrower and that are duly registered as Investment Companies under the Investment Company Act of 1940, neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” as defined in, or subject to regulation as an “investment company” under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Borrower Assignment and Assumption Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)
Investment Company Status. Neither None of the Borrower nor or any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended from time to time.
Appears in 3 contracts
Samples: Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (Cubist Pharmaceuticals Inc)
Investment Company Status. Neither the Borrower nor any of its Significant Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Federal Express Corp), Credit Agreement (Fedex Corp), Credit Agreement (Fedex Corp)
Investment Company Status. Neither the such Borrower nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (QVC Inc), Credit Agreement (Liberty Interactive Corp), Credit Agreement (QVC Inc)
Investment Company Status. Neither the Borrower nor any of its Material Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)
Investment Company Status. Neither the Borrower Borrowers nor any of its their Subsidiaries is are an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Schweitzer Mauduit International Inc), Credit Agreement (Schweitzer Mauduit International Inc), Credit Agreement (Schweitzer Mauduit International Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” or a company “controlled” by an “investment company”, as defined in, or subject to regulation under, the Investment Company Act of 1940. The Borrower is not subject to regulation under any other federal or state statute or regulation that limits its ability to incur Indebtedness or that otherwise renders all or any portion of the Obligations unenforceable.
Appears in 3 contracts
Samples: Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” as defined in, or subject to regulation as a regulated entity under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corporation International)
Investment Company Status. Neither Holdings, the Borrower nor any of its their respective Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Xm Investment LLC), Credit Agreement (Xm Investment LLC)
Investment Company Status. Neither the No Borrower nor any of its their respective Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Amendment No. 1 (Sprint Nextel Corp), Credit Agreement (Sprint Nextel Corp)
Investment Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.”
Appears in 2 contracts
Samples: 5 Year Revolving Credit Agreement (Xto Energy Inc), Term Loan Credit Agreement (Xto Energy Inc)
Investment Company Status. Neither None of the Borrower nor or any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries Subsidiary is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)
Investment Company Status. Neither the Borrower nor any of its the Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Investment Company Status. Neither the Borrower nor any of its the Subsidiaries is are an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is is, nor after giving effect to the contemplated Transactions will be, required to register as an “investment company” nor is a Person “controlled by” an “investment company,” as such terms are defined in, or subject to regulation under, in the United States Investment Company Act of 1940.
Appears in 2 contracts
Samples: Loan Agreement (Marfrig Alimentos S.A.), Loan Agreement (Marfrig Alimentos S.A.)
Investment Company Status. Neither the Domestic Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ion Geophysical Corp), Credit Agreement (Ion Geophysical Corp)
Investment Company Status. Neither Except for Funds that are managed by Covered Subsidiaries of the Borrower and that are duly registered as Investment Companies under the Investment Company Act of 1940, neither the Borrower nor any of its Subsidiaries Subsidiary is an “investment company” as defined in, or subject to regulation as an “investment company” under, the Investment Company Act of 1940. .
Appears in 2 contracts
Samples: Revolving Credit Agreement (OM Asset Management PLC), Revolving Credit Agreement (OM Asset Management PLC)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries nor any Parent Guarantor is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Term Loan Agreement (Brixmor Property Group Inc.), Revolving Credit and Term Loan Agreement (Brixmor Property Group Inc.)
Investment Company Status. Neither the Administrative Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)
Investment Company Status. Neither the Borrower nor any of its Restricted Subsidiaries is (or is required to be) an “investment company” as defined in, or subject to regulation under, in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co)
Investment Company Status. Neither the Borrower nor any of its the Restricted Subsidiaries is an “investment company” or a company “controlled” by an “investment company” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Executive Employment Agreement, Loan Agreement (Cleco Corp)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is, or is required to be registered as, an “investment company” as defined in, or subject to regulation under, in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Brown & Brown, Inc.), Asset Purchase Agreement
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is, or is controlled by, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, in the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp)
Investment Company Status. Neither the No Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Revolving Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.. SIXTH AMENDED AND RESTATED CREDIT FACILITY AGREEMENT, Page 55
Appears in 1 contract
Samples: Credit Facility Agreement (Lennox International Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940..
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Investment Company Status. Neither the Borrower nor any of its consolidated Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither None of the Borrower nor any of and its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower Borrowers nor any of its Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its respective Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither Holdings, the Parent Borrower nor any of its Subsidiaries (including the Receivables Subsidiary) is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Metaldyne Corp)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
SECTION 3.09. SECTION 3.09.
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an ““ investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its Subsidiaries the other Loan Parties is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Revolving Credit Agreement (Marathon Petroleum Corp)
Investment Company Status. Neither the any Borrower nor any of its their Material Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither (a) the Borrower nor (b) any of its Subsidiaries Subsidiary, is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the such Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (SJW Group)
Investment Company Status. Neither the Borrower nor -------------------------- any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its the Restricted Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Term Facility Borrower nor any of its Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower Borrowers nor any of its their Restricted Subsidiaries is are an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Schweitzer Mauduit International Inc)
Investment Company Status. Neither the Borrower nor any of its the Domestic Subsidiaries is are an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, or is subject to any statute or regulation which prohibits or restricts the incurrence of Indebtedness.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Investment Company Status. Neither None of the Borrower nor any of its the Subsidiaries is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its Subsidiaries is an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Loan and Security Agreement (Acme Communications Inc)
Investment Company Status. Neither the Borrower nor any of its Subsidiaries the Loan Parties is an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. Neither the Borrower nor any of its Consolidated Subsidiaries is an “investment company” or a company “controlled” by an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
