Common use of Investment Company Status Clause in Contracts

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 183 contracts

Samples: Incremental Term Loan Assumption Agreement (TransDigm Group INC), Abl Credit Agreement (Hillman Solutions Corp.), Abl Credit Agreement (Hayward Holdings, Inc.)

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Investment Company Status. No Loan Party or any Subsidiary is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 103 contracts

Samples: Credit Agreement (Flowco Holdings Inc.), Credit Agreement (Sigmatron International Inc), Credit Agreement (CompoSecure, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 72 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Senior Revolving Credit and Guaranty Agreement (Sabine Pass Liquefaction, LLC)

Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 60 contracts

Samples: Loan Agreement (Lifetime Brands, Inc), Loan Agreement (Lifetime Brands, Inc), Credit Agreement (GLOBAL INDUSTRIAL Co)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.

Appears in 32 contracts

Samples: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.

Appears in 28 contracts

Samples: First Lien Credit Agreement (Lucky Strike Entertainment Corp), Credit Agreement (Reynolds Consumer Products Inc.), First Lien Credit Agreement (Bowlero Corp.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X.

Appears in 16 contracts

Samples: Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (LSC Communications, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required and subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 13 contracts

Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)

Investment Company Status. No Loan Party and no Subsidiary of a Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 11 contracts

Samples: Term Loan and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.)

Investment Company Status. No Loan Party or any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 9 contracts

Samples: Credit Agreement (CarParts.com, Inc.), Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required and subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 9 contracts

Samples: Superpriority Secured Debtor in Possession Credit Agreement (Toys R Us Inc), Credit Agreement (Sirius Xm Holdings Inc.), Credit Agreement (Toys R Us Inc)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, as an “investment company” under the Investment Company Act of 1940.

Appears in 7 contracts

Samples: Credit Agreement (Tempus AI, Inc.), Credit Agreement (Tempus AI, Inc.), Credit Agreement (Tempus AI, Inc.)

Investment Company Status. No Loan Party is an “investment company” as such term is defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 7 contracts

Samples: Credit Agreement (Keurig Dr Pepper Inc.), Credit Agreement (Keurig Dr Pepper Inc.), Credit Agreement (Keurig Dr Pepper Inc.)

Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and shall not register as, conduct its business or take any action which shall cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.

Appears in 6 contracts

Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended from time to time.

Appears in 6 contracts

Samples: Second Lien Credit Agreement, Credit Agreement, Credit Agreement (Virtu Financial, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined inor “controlled” by an “investment company”, or is required to be registered under, within the meaning of the Investment Company Act of 1940.

Appears in 6 contracts

Samples: Credit Agreement (EXPAND ENERGY Corp), Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Southwestern Energy Co)

Investment Company Status. No None of the Loan Party Parties is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 6 contracts

Samples: Term Credit Agreement, Credit Agreement, Credit Agreement (MATERION Corp)

Investment Company Status. No Loan Party is or is required to be registered as an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)

Investment Company Status. No Loan Party Party, nor Holdings, is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Term Loan Agreement (Invitation Homes Inc.)

Investment Company Status. No Loan Party is an a registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Dr Pepper Snapple Group, Inc.), 364 Day Bridge Credit Agreement (Dr Pepper Snapple Group, Inc.), Credit Agreement (Dr Pepper Snapple Group, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined inwithin the meaning of, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Leidos Holdings, Inc.), 364 Day Term Loan Credit Agreement (Leidos Holdings, Inc.), Bridge Credit Agreement (Leidos Holdings, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered under, regulation under the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Align Technology Inc), Credit Agreement (Medifast Inc), Credit Agreement (Medifast Inc)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, within the meaning of the Investment Company Act of 1940, as amended from time to time.

Appears in 4 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Investment Company Status. No Borrower or Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Revolving Credit Facility Agreement (Knowles Corp), Credit Agreement (Knowles Corp), Credit Agreement (Knowles Corp)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, or an “investment adviser” within the meaning of the Investment Advisers Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (SmileDirectClub, Inc.), Term Loan Credit and Security Agreement (Las Vegas Sands Corp), Credit Agreement (Altera Infrastructure L.P.)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Symbion Inc/Tn), Credit Agreement (Symbion Inc/Tn), Credit Agreement (NeoSpine Surgery, LLC)

Investment Company Status. No Loan Party is an “investment companyinvestmentcompany” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Incremental Facility Amendment to Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Investment Company Status. No Loan Party is an a company controlled” by a “registered investment company” as such terms are defined in, or is required to be registered under, in the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (Madison Square Garden Co)

Investment Company Status. No Loan Party is an "investment company" as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Abl Credit Agreement (Amscan Holdings Inc), Term Loan Credit Agreement (Amscan Holdings Inc)

Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 or shall register as, conduct its business or take any action which shall cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.

Appears in 2 contracts

Samples: Credit Agreement (Fifth & Pacific Companies, Inc.), Credit Agreement (Claiborne Liz Inc)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Qwest Corp), Credit Agreement (Lumen Technologies, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (MPLX Lp)

Investment Company Status. No Loan Party is an investment company” company as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit and Security Agreement (Hudson Executive Investment Corp.), Credit and Security Agreement (Hudson Executive Investment Corp.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (Orion S.A.), Credit Agreement (Orion Engineered Carbons S.A.)

Investment Company Status. No Original Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (National General Holdings Corp.), Credit Agreement (Amtrust Financial Services, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or and that is required to be registered under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (Harland Clarke Holdings Corp), Credit Agreement (Harland Clarke Holdings Corp)

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Investment Company Status. No Loan Party is an “investment company,” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Shift4 Payments, Inc.), First Lien Credit Agreement (Shift4 Payments, Inc.)

Investment Company Status. No Loan Party or any of its subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Photomedex Inc)

Investment Company Status. No Loan Party is an “investment company” as defined inwithin the meaning of, or is required subject to be registered regulation under, the Investment Company Act of 1940.. 49 [[5276821]]

Appears in 1 contract

Samples: Term Loan Credit Agreement (Leidos Holdings, Inc.)

Investment Company Status. No Loan Party is (a) an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.

Appears in 1 contract

Samples: Credit Agreement (Mens Wearhouse Inc)

Investment Company Status. No Loan Party is or is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Northern Tier Energy LP)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and none of the European Loan Parties carries on any business in the United Kingdom which requires it to be authorized by the U.K. Financial Conduct Authority or the U.K. Prudential Regulation Authority.

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Holdings Corp)

Investment Company Status. No Loan Party is an “investment company” as defined in, or and is not required to be registered under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Term Credit Agreement (Sunpower Corp)

Investment Company Status. No Loan Party nor any of its subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Indalex Holdings Finance Inc)

Investment Company Status. No Loan Party is an “investment in- vestment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Aramark)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Maxar Technologies Inc.)

Investment Company Status. No Loan Party is, or is required to be registered as, an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Mesa Laboratories Inc /Co/)

Investment Company Status. No Loan Party is an "investment company" as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Revolving Credit Agreement (Millicom International Cellular Sa)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or an “investment advisor” within the meaning of the Investment Advisors Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (BRP Group, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined inor “controlled” by an “investment company”, or is required to be registered under, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

Investment Company Status. No Loan Party is an a registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company”, as such terms are defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Dr Pepper Snapple Group, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, registered or is required to be registered under, as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (PharMerica CORP)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. -152- #96942867v160458181 #96942867v1

Appears in 1 contract

Samples: Credit Agreement (SB/RH Holdings, LLC)

Investment Company Status. No Loan Party or any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and no European Loan Party has registered as or conducts its business or has taken any action which might cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Investment Company Status. No Loan Party or a Group Member is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Frank's International N.V.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Endeavor Acquisition Corp.)

Investment Company Status. No Loan Party is an "investment company" as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and none of the European Loan Parties carries on any business in the United Kingdom which requires it to be authorized by the U.K. Financial Conduct Authority or the U.K. Prudential Regulation Authority.

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Holdings Corp)

Investment Company Status. No Loan Party is an "investment company" as defined in, or and that is required to be registered under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Harland Financial Solutions, Inc.)

Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.)

Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Towerstream Corp)

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