Common use of Investment Company Status Clause in Contracts

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 59 contracts

Samples: 364 Day Credit Agreement (Kellanova), Credit Agreement (Ugi Corp /Pa/), 364 Day Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)

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Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 15 contracts

Samples: Credit Agreement (United Fire Group Inc), Credit Agreement (State Auto Financial CORP), Credit Agreement (National Interstate CORP)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 7 contracts

Samples: Business Loan Agreement (Paragon 28, Inc.), Credit Agreement (Gastar Exploration Inc.), Credit Agreement (Rocket Companies, Inc.)

Investment Company Status. The Borrower is not an “investment company” or a company controlled by an “investment company,” as such terms are defined in, or subject to regulation under, in the Investment Company Act of 19401940 Act.

Appears in 6 contracts

Samples: Loan Financing and Servicing Agreement (Stellus Private Credit BDC), Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.), Loan Financing and Servicing Agreement (MSD Investment Corp.)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: 364 Day Senior Unsecured Delayed Draw Term Loan Credit Agreement (Consolidated Edison Co of New York Inc), 364 Day Revolving Credit Agreement (Consolidated Edison Co of New York Inc), 364 Day Revolving Credit Agreement (Consolidated Edison Co of New York Inc)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject and is not required to regulation be registered under, the Investment Company Act of 1940.

Appears in 5 contracts

Samples: Term Credit Agreement (Clean Energy Fuels Corp.), Revolving Credit Agreement (Sunpower Corp), Revolving Credit Agreement (Sunpower Corp)

Investment Company Status. The Such Borrower is not an “investment company” as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Consolidated Edison Co of New York Inc), Credit Agreement (Consolidated Edison Co of New York Inc), Credit Agreement (Consolidated Edison Inc)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, in the Investment Company Act of 1940.

Appears in 5 contracts

Samples: Credit Agreement (Tesla, Inc.), Term Loan Agreement (Weyerhaeuser Co), Revolving Credit Facility Agreement (Weyerhaeuser Co)

Investment Company Status. The Borrower is not, and is not “controlled” by, an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 5 contracts

Samples: Credit Agreement, Five Year Credit Agreement (Hp Inc), Credit Agreement (Nvidia Corp)

Investment Company Status. The Borrower is not an "investment company” as defined in, " or subject to regulation under, a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (Asa Holdings Inc), Credit Agreement (Asa Holdings Inc)

Investment Company Status. The Borrower is not 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 4 contracts

Samples: Credit Agreement, Escrow Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Dell Technologies Inc)

Investment Company Status. The Borrower is not an “investment company” as defined inwithin the meaning of, or subject to regulation under, the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Ingersoll Rand Inc.), Bridge Credit Agreement, Credit Agreement (Keysight Technologies, Inc.)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (Alleghany Corp /De), Credit Agreement (Alleghany Corp /De), Credit Agreement (Alleghany Corp /De)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation undera company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Intuit Inc), Credit Agreement (Intuit Inc), Credit Agreement (Intuit Inc)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940Act.

Appears in 3 contracts

Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or an “investment advisor” within the meaning of the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (NRG Yield, Inc.), Credit Agreement (GenOn Energy, Inc.)

Investment Company Status. The Borrower is not an "investment company” as defined in, " or subject to regulation 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 2 contracts

Samples: Term Loan Agreement (Galaxy Foods Co), Loan Agreement (Priority Healthcare Corp)

Investment Company Status. The Borrower is not an "investment company” as defined in, " or subject to regulation 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 2 contracts

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

Investment Company Status. The Borrower is not (a) an “investment company” as defined in, or subject to regulation under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Loan Agreement (CBIZ, Inc.), Credit Agreement (National Penn Bancshares Inc)

Investment Company Status. The Borrower is not an “investment company” as such term is defined in, or subject to regulation under, in the Investment Company Act of 19401940 Act.

Appears in 2 contracts

Samples: Loan Financing and Sale Agreement (AB Private Credit Investors Corp), Loan Financing and Servicing Agreement (AB Private Credit Investors Corp)

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Investment Company Status. The Borrower is not an "investment company” as defined in, " ------------------------- or subject to regulation under, a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or an "investment adviser" within the meaning of the Investment Advisers Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Audio Communications Network Inc)

Investment Company Status. The Borrower is not an “investment company”, as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (NYSE Group, Inc.)

Investment Company Status. The Borrower is not an "investment ------------------------- company” as defined in, or subject to regulation under, " within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.

Appears in 1 contract

Samples: Receivables Financing Agreement (Americredit Corp)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, and the Borrower is not subject to any other law restricting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Sotherly Hotels Lp)

Investment Company Status. The Borrower is not an ------------------------- "investment company” as defined in, or subject to regulation under, " within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.

Appears in 1 contract

Samples: Receivables Financing Agreement (Americredit Financial Services of Canada LTD)

Investment Company Status. The Borrower is not an “investment company” as such term is defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Term Loan Agreement (Krispy Kreme, Inc.)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Corp.)

Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation undera company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Isramco Inc)

Investment Company Status. The Borrower is not an "investment ------------------------- company" or a company "controlled" by an "investment company” as defined in, or subject to regulation under, " within the meaning of the Investment Company Act of 1940, as amended, or an "investment adviser" within the meaning of the Investment Advisers Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Audio Communications Network Inc)

Investment Company Status. The Borrower is not an "investment company” as defined in, or subject to regulation under, " within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such act.

Appears in 1 contract

Samples: Receivables Financing Agreement (MFN Financial Corp)

Investment Company Status. The Borrower is not an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Corp.)

Investment Company Status. The Borrower is not 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 1 contract

Samples: 364 Day Bridge Term Loan Credit Agreement (Pfizer Inc)

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