Margin Regulations; Investment Company Act; Use of Proceeds. (a) Neither the Borrower nor any Borrower Affiliate is 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 Board), or extending credit for the purpose of purchasing or carrying margin stock.
(b) Neither the Borrower nor any Borrower Affiliate, no Person controlling the Borrower or any Borrower Affiliate, or any Subsidiary thereof is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) The Borrower will use all proceeds of Credit Extension in the manner set forth in Section 6.12.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) The Loan Parties are 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. No proceeds of any Borrowing shall be used for the purpose of purchasing or carrying margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock.
(b) None of the Loan Parties, any Person Controlling any Loan Party or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) No proceeds of any Borrowing will be used in violation of Section 6.11.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) No Loan Party is engaged and no Loan Party will engage, principally or as one of their important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the Board), or extending credit for the purpose of purchasing or carrying margin stock. Margin stock constitutes less than 25% of those assets of each Loan Party which are subject to any limitation on a sale, pledge, or other restrictions hereunder.
(b) No Loan Party, no Person controlling any Loan Party, or any Subsidiary of any Loan Party is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) The Borrower will use all proceeds of Credit Extensions in the manner set forth in Section 6.12.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) The Borrower is 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. The execution, delivery and performance of the Loan Documents by the Borrower and its Restricted Subsidiaries will not violate the Regulations U or X of the FRB. After applying the proceeds of any Loan, margin stock does not exceed 25% of the value of the assets subject to this Agreement or any other Loan Document.
(b) None of the Borrower or any other Loan Party is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) Use of the proceeds of the Loans shall be solely for the purposes described in Section 6.11.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) Neither the Borrower nor any other Loan Party is 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 Board), or extending credit for the purpose of purchasing or carrying margin stock. Margin stock constitutes less than 25% of those assets of each Loan Party which are subject to any limitation on a sale, pledge, or other restrictions hereunder.
(b) Neither the Borrower nor any other Loan Party, no Person controlling the Borrower or any other Loan Party, or any Subsidiary thereof is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) The Borrower will use all proceeds of Credit Extension in the manner set forth in Section 6.12.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) No part of the proceeds of any borrowing or drawing under any Letter of Credit, and no other extensions of credit hereunder, will be used for any purpose that violates the provisions of Regulations T, U, or X of the Board.
(b) If requested by any Lender or the Administrative Agent, the Borrower will execute and furnish to the Administrative Agent and each Lender a FR Form G-3 or FR Form U 1, as applicable, referred to in Regulation U of the Board.
(c) None of the Borrower, the Parent, any Person Controlling the Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(d) Borrower is in compliance with Section 6.11.
Margin Regulations; Investment Company Act; Use of Proceeds. The Loan Parties are 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 Board of Governors of the Federal Reserve System), or extending credit for the purpose of purchasing or carrying margin stock. No proceeds of any Borrowing shall be used for the purpose of purchasing or carrying margin stock or to extend credit to others for the purpose of purchasing or carrying margin stock.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) Neither the Borrower nor any of its Subsidiaries is 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 Board), or extending credit for the purpose of purchasing or carrying margin stock. Margin stock constitutes less than 25% of those assets of each Loan Party which are subject to any limitation on a sale, pledge, or other restrictions hereunder.
(b) The Borrower will use all proceeds of Credit Extension in the manner set forth in Section 6.12.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) The Loans will not conflict with or violate the Margin Regulations.
(b) Neither the Borrower nor any Borrower Affiliate, no Person controlling the Borrower or any Borrower Affiliate, or any Subsidiary thereof is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
(c) The Borrower will use all proceeds of Credit Extension in the manner set forth in Section 6.12.
Margin Regulations; Investment Company Act; Use of Proceeds. (a) Borrower is not 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 Board), or extending credit for the purpose of purchasing or carrying margin stock.
(b) Neither the Borrower, PESC nor PEC is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
