Common use of Limitation on Status as Investment Company Clause in Contracts

Limitation on Status as Investment Company. The Company will not, and will not permit any of its Subsidiaries or Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act), or otherwise become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provision, any exemption that is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will be disregarded.

Appears in 3 contracts

Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc)

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Limitation on Status as Investment Company. The Company will not, not and will not permit any of its Subsidiaries or controlled Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended (the "Investment Company Act")), or otherwise become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provision, any exemption that which is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will be disregarded.

Appears in 2 contracts

Samples: Indenture (Verio Inc), Indenture (Verio Inc)

Limitation on Status as Investment Company. The Company will shall not, and will shall not permit any of its the Restricted Subsidiaries or controlled Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act), or otherwise become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provision, any exemption that which is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will be disregarded.

Appears in 2 contracts

Samples: Indenture (Trans Resources Inc), Indenture (Trans Resources Inc)

Limitation on Status as Investment Company. The Company will not, not and will not permit any of its Subsidiaries or controlled Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended (the "Investment Company Act")), or otherwise become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provision, any exemption that which is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will be disregarded.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Verio Inc)

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Limitation on Status as Investment Company. The Company will shall not, and will shall not permit any of its Subsidiaries or controlled Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended (the "Investment Company Act")), or otherwise become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provisionSection 10.22, any exemption that which is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will shall be disregarded.

Appears in 1 contract

Samples: Indenture (Paging Network Do Brazil Sa)

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