Common use of Investment Company Status Clause in Contracts

Investment Company Status. None of the Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 34 contracts

Samples: Counterpart Agreement (DoorDash, Inc.), Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Block, Inc.)

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Investment Company Status. None of the Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 16 contracts

Samples: Agency Assignment Agreement (Palantir Technologies Inc.), Pledge and Security Agreement (Palantir Technologies Inc.), Pledge and Security Agreement (Palantir Technologies Inc.)

Investment Company Status. None of the Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 15 contracts

Samples: Agreement (Netscout Systems Inc), Credit Agreement (Shutterfly Inc), Credit Agreement (Netscout Systems Inc)

Investment Company Status. None of the Borrower or any Restricted Subsidiary of Subsidiaries is or is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940.

Appears in 9 contracts

Samples: First Amendment and Incremental Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.)

Investment Company Status. None of the Borrower or Borrower, any Restricted Person controlling the Borrower, nor any Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 8 contracts

Samples: Credit Agreement (Indus Realty Trust, Inc.), Credit Agreement (Indus Realty Trust, Inc.), Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.)

Investment Company Status. None of Holdings, the Borrower or any Restricted Subsidiary is or is required to be registered register as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended from time to time.

Appears in 5 contracts

Samples: Credit Agreement (Victory Capital Holdings, Inc.), First Lien Credit Agreement (NEP Group, Inc.), Second Lien Credit Agreement (NEP Group, Inc.)

Investment Company Status. None of the Borrower Borrower, any Person Controlling the Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 4 contracts

Samples: Credit Agreement (NortonLifeLock Inc.), Credit Agreement (Symantec Corp), Assignment and Assumption (Symantec Corp)

Investment Company Status. None of Holdings, the Borrower or nor any Restricted Subsidiary is or other Loan Party is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 4 contracts

Samples: First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.)

Investment Company Status. None of Holdings, the Borrower or any Restricted Subsidiary is or is required to be registered register as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (Burger King Worldwide, Inc.), Credit Agreement (Burger King Holdings Inc), Credit Agreement (Burger King Holdings Inc)

Investment Company Status. None of the Borrower or any Restricted Subsidiary is or Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)

Investment Company Status. None of the Borrower or Borrower, any Restricted Person controlling the Borrower, nor any Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Credit Agreement (Industrial Property Trust Inc.), Credit Agreement (Industrial Property Trust Inc.), Credit Agreement (Industrial Property Trust Inc.)

Investment Company Status. None of Holdings, the Borrower or any Restricted Subsidiary is or is required to be registered register as an “investment company” under 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 (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.)

Investment Company Status. None of the Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended from time to time.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Lmi Aerospace Inc), Collateral Agreement (Lmi Aerospace Inc)

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Investment Company Status. None of the Borrower or any Restricted Subsidiary is or of its Subsidiaries is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (MasterBrand, Inc.), Credit Agreement (MasterBrand, Inc.)

Investment Company Status. None of the No Borrower or nor any Restricted Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Credit Agreement (LogMeIn, Inc.), Subsidiary Guarantee Agreement (LogMeIn, Inc.)

Investment Company Status. None of Holdings, the Borrower Borrower, or any Restricted Subsidiary is or is required to be registered register as an “investment company” under as defined in, or is subject to regulation under, the Investment Company Act of 1940, as amended from time to time.

Appears in 2 contracts

Samples: First Lien Amending Agreement (CPI Card Group Inc.), Super Senior Credit Agreement (CPI Card Group Inc.)

Investment Company Status. None of the Borrower Company or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (DoorDash Inc), Convertible Note Purchase Agreement (DoorDash Inc)

Investment Company Status. None of the Borrower or any Restricted Subsidiary of its Subsidiaries is or is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.)

Investment Company Status. None of Neither the Borrower or nor any Restricted Subsidiary is of its Subsidiaries is, or is required to be registered as as, an “investment company” under as defined in the Investment Company Act of 1940. SECTION 3.09.

Appears in 1 contract

Samples: Asset Purchase Agreement

Investment Company Status. None of the Borrower or any Restricted Subsidiary is or Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Tradeweb Markets Inc.)

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