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 54 contracts
Samples: Five Year Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.), 364 Day Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.), Credit Agreement (Costar Group, 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.
Appears in 15 contracts
Samples: Credit Agreement (United Fire Group Inc), Pledge and Security 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, 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, Year Credit Agreement (Hp Inc), Assignment and Assumption (Nvidia 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 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 Co of New York 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 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 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 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” 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 4 contracts
Samples: Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.), Loan Financing and Servicing Agreement (MSD Investment Corp.), 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.
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 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 (Asa Holdings Inc), Credit Agreement (Asa Holdings Inc), Credit Agreement (United States Steel Corp)
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 inwithin the meaning of, or subject to regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Ingersoll Rand Inc.), Term Credit Agreement (Keysight Technologies, Inc.), Amended and Restated Credit Agreement (Keysight Technologies, Inc.)
Investment Company Status. The Borrower is not an “"investment company” as defined in" or an "affiliated person" of, or subject to regulation under"promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Receivables Financing Agreement (Arcadia Financial LTD), Receivables Financing Agreement (Firstcity Financial Corp), Funding and Servicing Agreement (Arcadia Financial LTD)
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, 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: Loan Agreement (Priority Healthcare Corp), Loan Agreement (Galaxy Foods Co)
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 Servicing Agreement (AB Private Credit Investors Corp), Loan Financing and Servicing Agreement (AB Private Credit Investors Corp)
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 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 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, 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 such term is defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
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
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 under, the Investment Company Act of 1940.. Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (NYSE Group, 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: Security 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 (Americredit Financial Services of Canada LTD)
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, "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Pfizer 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.. Section 3.07
Appears in 1 contract
Samples: Credit Agreement
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: Credit Agreement (Isramco 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
Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940. SECTION 3.09.
Appears in 1 contract
Samples: Credit Agreement (Ugi Corp /Pa/)
Investment Company Status. The Borrower is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940.. Section 3.10
Appears in 1 contract
Samples: Bridge Loan Agreement (Millicom International Cellular Sa)
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: Security Agreement (Audio Communications Network Inc)
