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) No Credit Party is engaged and no Credit Party 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. (b) None of the Credit Parties, any Person Controlling any Credit Party, or any Subsidiary of any Credit Party (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, (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940 or (iii) subject to regulation under any other Law which limits its ability to incur Indebtedness.

Appears in 4 contracts

Samples: Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc), Bridge Acquisition Facility (Wells Real Estate Investment Trust Ii Inc)

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Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) No Credit Party The Borrower is not engaged and no Credit Party 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. (b) None of the Credit PartiesBorrower, any Person Controlling any Credit Partythe Borrower, or any Subsidiary of any Credit Party (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 or (iii) 1940. The Borrower is not subject to regulation under any other Law which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Sierra Health Services Inc)

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) No Credit Party The Borrower is not engaged and no Credit Party 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. (b) None of the Credit PartiesBorrower, any Person Controlling any Credit Partythe Borrower, or any Subsidiary of any Credit Party the Borrower (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, (ii) is or is required to be registered as an "investment company" under the Investment Company Act of 1940 or (iii) subject to regulation under any other Law which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (American Financial Realty Trust)

Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) No Credit Party The Borrower is not engaged and no Credit Party 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. (b) None of the Credit PartiesBorrower, any Person Controlling any Credit Partythe Borrower, or any Subsidiary of any Credit Party (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, (ii) is or is required to be registered as an "investment company" under the Investment Company Act of 1940 or (iii) subject to regulation under any other Law which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Ameron International Corp)

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Margin Regulations; Investment Company Act; Public Utility Holding Company Act. (a) No Credit Party The Borrower is not engaged and no Credit Party 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. (b) None of the Credit PartiesBorrower, any Person Controlling any Credit Partythe Borrower, or any Subsidiary of any Credit Party (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, (ii) is or is required to be registered as an “investment company” under the Investment Company Act of 1940 or (iii) subject to regulation under any other Law which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

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