Common use of LIMITATION ON STATUS AS AN INVESTMENT COMPANY Clause in Contracts

LIMITATION ON STATUS AS AN INVESTMENT COMPANY. The Company shall not, and shall not permit any of its Restricted Subsidiaries to, become an “investment company” (as that term is defined in the Investment Company Act of 1940, as amended), to the extent such status would subject the Company or any such Restricted Subsidiary to regulation under the Investment Company Act, except for Restricted Subsidiaries established for the purpose of financing the operating businesses of the Company and its Subsidiaries.

LIMITATION ON STATUS AS AN INVESTMENT COMPANY. The Company shall not, and shall not permit any of its Restricted Subsidiaries Subsidiary to, become an “investment company” (as that term is defined in the Investment Company Act of 1940, as amended, the “Investment Company Act”), to the extent such status would subject the Company such Person or any such Restricted Subsidiary of its Subsidiaries to regulation under the Investment Company Act, except for Restricted Subsidiaries established for the purpose of financing the operating businesses of the Company and its Subsidiaries.