Common use of Margin Regulations; Investment Company Act; Public Utility Holding Company Act Clause in Contracts

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the Borrower is engaged or will engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the proceeds of each Borrowing, not more than 25% of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) will be margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdings, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the No Borrower is engaged or will engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), ) or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the , and no proceeds of each Borrowing, not more than 25% drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock. (b) None of Holdings, the BorrowerLoan Parties, any Person Controlling Holdingsthe Loan Parties, or any Subsidiary of the Subsidiaries (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan the Loans, nor the issuance of the Letters of Credit or the application of the proceeds or repayment thereof by the any Borrower, nor the consummation of the other transactions contemplated hereunder by the any Loan DocumentsParty, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunderSEC.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor None of the Borrower or any of its Subsidiaries is engaged or and will engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the , and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdings, Borrower or any Subsidiary of its Subsidiaries (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan the Loans, nor the issuance of the Letters of Credit or the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documentshereunder, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunderSEC.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or Loans, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Transaction Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC Securities and Exchange Commission thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the , and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan the Loans, nor the issuance of the Letters of Credit or the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documentshereunder, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunderSEC.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Borrowings or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan or Loan, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the , and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or nor any Subsidiary thereof (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan the Loans, nor the issuance of the Letters of Credit or the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documentshereunder, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunderSEC.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or Loans, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC Securities and Exchange Commission thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Borrowings or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or Loan, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRBBoard of Governors of the Federal Reserve System of the United States), or extending credit for the purpose of purchasing or carrying margin stock. Following the application stock and no proceeds of the proceeds of each Borrowing, not more than 25% of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Loan will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or the Loan, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRBBoard of Governors of the Federal Reserve System of the United States), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Borrowings will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan or Loan, nor the issuance of the Chicago Guaranty, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the No Borrower is engaged or engaged, nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Borrowings or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of HoldingsNo Loan Party, the Borrower, nor any Person Controlling HoldingsGoverning any Loan Party, or nor any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan or Loan, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the any Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is engaged or not engaged, and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the , and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan the Loans, nor the issuance of the Letters of Credit or the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documentshereunder, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunderSEC.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Loans or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “"holding company,” " or a “"subsidiary company” " of a “"holding company,” " or an “"affiliate” " of a “"holding company” " or of a “"subsidiary company” " of a “"holding company,” " within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “"investment company” " under the Investment Company Act of 1940. Neither the making of any Loan or Loans, nor the issuance of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Transaction Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC Securities and Exchange Commission thereunder.

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) Neither Holdings nor the The Borrower is not engaged or and will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the stock and no proceeds of each Borrowing, not more than 25% any Borrowings or drawings under any Letter of the value of the assets (either of Holdings only, the Borrower only or of Holdings, the Borrower and the Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between Holdings or the Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) Credit will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock. (b) None of Holdings, the Borrower, any Person Controlling Holdingsthe Borrower, or any Subsidiary (i) is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, or (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940. Neither the making of any Loan Loan, nor the issuance (or deemed issuance) of any Letters of Credit, nor the application of the proceeds or repayment thereof by the Borrower, nor the consummation of the other transactions contemplated by the Loan Documents, will violate any provision of any such Act or any rule, regulation or order of the SEC thereunder.