Margin Regulations; Investment Company Act. (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. (b) None of the Borrower, 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.
Appears in 160 contracts
Samples: Credit Agreement (BJs RESTAURANTS INC), Credit Agreement (Sonoco Products Co), Credit Agreement (Lowes Companies Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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 BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 22 contracts
Samples: Credit Agreement (Mastec Inc), Term Loan Agreement (Mastec Inc), Credit Agreement (Avnet Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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)Margin Stock, or extending credit for the purpose of purchasing or carrying margin stockMargin Stock.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary No Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 21 contracts
Samples: Credit Agreement (Veralto Corp), Credit Agreement (Envista Holdings Corp), Term Loan Agreement (Vontier Corp)
Margin Regulations; Investment Company Act. (a) The Neither Parent nor Borrower is not engaged and will not engage, principally or as one of its their 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 Parent, Borrower, any Person Controlling the Borrower, or any Subsidiary other Company is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 17 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, 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.
Appears in 15 contracts
Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (TUTOR PERINI Corp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is is, or is required to be registered as as, an “investment company” under the Investment Company Act of 1940.
Appears in 15 contracts
Samples: Syndicated Facility Agreement and Unconditional Guaranty (Resmed Inc), Credit Agreement (Resmed Inc), Loan Agreement (RGC Resources Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or not and is not required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 14 contracts
Samples: 364 Day Term Credit Agreement (Sonoco Products Co), Term Credit Agreement (Sonoco Products Co), Term Loan Agreement
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 13 contracts
Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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.
(b) None of the Borrower, 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.
Appears in 12 contracts
Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)
Margin Regulations; Investment Company Act. (a) The Neither the Parent nor the Borrower is not engaged and will not engage, principally or as one of its their 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 Parent, the Borrower, any Person Controlling the Borrower, or any Subsidiary other Company is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 12 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or Loan Parties is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 11 contracts
Samples: Modification Agreement (Cim Real Estate Finance Trust, Inc.), Credit Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Credit Agreement (Cole Credit Property Trust Iv, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower is Borrowers 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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary No Loan Party is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 11 contracts
Samples: Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)
Margin Regulations; Investment Company Act. (a) The Neither Parent nor Borrower is not engaged and will not engage, principally or as one of its their 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 Parent, Borrower, any Person Controlling the Borrower, or any Subsidiary other member of the Consolidated Group is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 10 contracts
Samples: Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or nor any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 10 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged 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.
(b) None of the Borrower, any Person Controlling the Borrower, or Borrower nor any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 10 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Margin Regulations; Investment Company Act. (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 FRBBoard), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None Neither of the Borrower, any Person Controlling the Borrower, or Borrower nor any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 10 contracts
Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, 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.
Appears in 9 contracts
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Mueller Industries Inc), Credit Agreement (Cabot Microelectronics Corp)
Margin Regulations; Investment Company Act. (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), Margin Stock or extending credit for the purpose of purchasing or carrying margin stockMargin Stock.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is not required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Revolving Credit Agreement (Darden Restaurants Inc), Term Loan Agreement (Darden Restaurants Inc), Revolving Credit Agreement (Darden Restaurants Inc)
Margin Regulations; Investment Company Act. (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.
(b) . None of the Borrower, 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.
Appears in 9 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower Company 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.
(b) None of the BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of Neither the Borrower, Holdings, nor any Person Controlling the Borrower, or any Subsidiary of their Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.)
Margin Regulations; Investment Company Act. (a) The Neither the Company nor any Borrower is not engaged and or 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 BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 8 contracts
Samples: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)
Margin Regulations; Investment Company Act. (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 FRBU), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, 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.
Appears in 8 contracts
Samples: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (American Financial Group Inc), Credit Agreement (Huron Consulting Group Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and engaged, nor will not 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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is not required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 8 contracts
Samples: Credit Agreement (Qualcomm Inc/De), Credit Agreement (Broadcom Inc.), Credit Agreement (Qualcomm Inc/De)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, 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.
Appears in 7 contracts
Samples: Reimbursement Agreement (Irobot Corp), Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (Cole Corporate Income Trust, Inc.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 7 contracts
Samples: Credit Agreement (LEE ENTERPRISES, Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and nor will not any Borrower 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 BorrowerBorrowers, any Person Controlling the any Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 7 contracts
Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 7 contracts
Samples: Credit Agreement (Advanced Emissions Solutions, Inc.), Credit Agreement (Advanced Emissions Solutions, Inc.), Credit Agreement (Wendy's Co)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will not engageengaged, 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 will be used for any purpose in contravention or violation of Regulation U issued by the FRB.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Material Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/), Senior Secured Credit Agreement (Telephone & Data Systems Inc /De/)
Margin Regulations; Investment Company Act. (a) The Neither the Company nor any New Vehicle Borrower is not engaged and or 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 BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower Company is not engaged and nor will not 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.
(b) None of the BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 6 contracts
Samples: Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary or JV Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower None of the Loan Parties is not engaged and nor 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 BorrowerLoan Parties, any Person Controlling the Borrower, or any Subsidiary other Loan Party is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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., and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is required to be registered as not an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Revolving Credit Agreement (IASIS Healthcare LLC), Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary Loan Parties (i) is or is required to be registered as an “investment company” under the Investment Company Act of 19401940 or (ii) is subject to regulation under any other Law which limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will not engage, principally or as one of its their 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 Borrower, any Person Controlling the Borrower, or any Subsidiary thereof is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)
Margin Regulations; Investment Company Act. (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.
(b) None of Neither the BorrowerBorrower nor the Guarantor is, any Person Controlling the Borrower, or any Subsidiary is nor or is required to be be, registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Textainer Group Holdings LTD), Revolving Credit Agreement (Textainer Group Holdings LTD), Term Loan Agreement (Textainer Group Holdings LTD)
Margin Regulations; Investment Company Act. (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., in each case in violation of such Regulation U.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or Loan Parties and their Subsidiaries is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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 Borrower, Company or any Person Controlling the Borrower, or any Subsidiary Company is or is required to be registered as an “investment company” under the Investment Company Act of 1940Act.
Appears in 5 contracts
Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital Senior Floating, Ltd.), Credit Agreement (American Capital, LTD)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, 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.
Appears in 5 contracts
Samples: Restructuring Support Agreement (Gulfport Energy Corp), Credit Agreement, Credit Agreement (NVR Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of Neither the Borrower, any Person Controlling the Borrower, or Borrower nor any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Credit Agreement (Quanta Services, Inc.), Credit Agreement (Broadcom Corp), Credit Agreement (Lydall Inc /De/)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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.
(b) None of the Borrower, Company or any Person Controlling the Borrower, or any Subsidiary Company is or is required to be registered as an “investment company” under the Investment Company Act of 1940Act.
Appears in 4 contracts
Samples: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone Secured Lending Fund)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, 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.
Appears in 4 contracts
Samples: Credit Agreement (International Game Technology), Credit Agreement (Guess Inc), Credit Agreement (International Game Technology)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is required to be registered as not an “investment company” under or a company “controlled by” an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Energy Transfer LP), Credit Agreement (Energy Transfer Partners, L.P.), 364 Day Credit Agreement (Energy Transfer Partners, L.P.)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and each Borrower 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 Borrower, any Person Controlling the a Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (James Hardie Industries PLC), Credit and Guaranty Agreement (James Hardie Industries PLC), 364 Day Term Loan and Guaranty Agreement (James Hardie Industries PLC)
Margin Regulations; Investment Company Act. (a) The Borrower is Borrowers 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.
(b) None of the BorrowerBorrowers, any Person Controlling any of the BorrowerBorrowers, or any Subsidiary of any Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Term Loan Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership), Term Loan Agreement (Highwoods Realty LTD Partnership)
Margin Regulations; Investment Company Act. (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 FRBBoard of Governors of the Federal Reserve System of the United States of America), or extending credit for the purpose of purchasing or carrying margin stock.
(b) . None of the Borrower, any Person Controlling the person or entity controlling Borrower, or any Subsidiary of Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Restructuring Support Agreement (Crossroads Systems Inc), Restructuring Support Agreement, Restructuring Support Agreement
Margin Regulations; Investment Company Act. (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 FRBU), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv)
Margin Regulations; Investment Company Act. (a) The Borrower is Borrowers 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.
(b) None of the BorrowerBorrowers, any Person Controlling the any Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrowerany Loan Party, any Person Controlling the Borrowerany Loan Party, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Intuity Medical, Inc.), Credit Agreement (Relypsa Inc), Second Lien Credit Agreement (Syncardia Systems Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and nor will not engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock or any margin security (within the meaning meanings of Regulation U and Regulation T, respectively, issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, any No Loan Party or Person Controlling the Borrower, or any Subsidiary Loan Party is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Margin Regulations; Investment Company Act. (a) The Borrower Company 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.
(b) None of Neither the Borrower, Company nor any Person Controlling the Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Asset Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will not engage, principally 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 Neither the Borrower, Borrower nor any Person Controlling the Borrower, or any Subsidiary other Loan Party is or is required to be registered as an “investment company” regulated under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Paa Natural Gas Storage Lp), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Paa Natural Gas Storage Lp)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Erickson Air-Crane Inc), Second Lien Credit Agreement (Erickson Air-Crane Inc), Second Lien Credit Agreement (Erickson Air-Crane Inc)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will not engage, principally or engage as one of its important principal 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. After applying the proceeds of each Borrowing, not more than 25% of the value of the assets of the Borrower will consist of margin stock.
(b) None of Neither the Borrower, Borrower nor any Person Controlling the Borrower, or any Material Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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 Borrower, any No Borrower and no Person Controlling the any Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)
Margin Regulations; Investment Company Act. (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.
(b) None Neither the Borrower nor any Subsidiary of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or Borrower is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and or will not engage, principally 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 Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is required to be registered as an “investment company” not regulated under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: 364 Day Credit Agreement, 364 Day Credit Agreement (Plains Gp Holdings Lp), 364 Day Credit Agreement (Plains All American Pipeline Lp)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or will not engage, principally 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 Borrower, any Person Controlling the Borrower, or any Subsidiary is or No Loan Party is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Plains Gp Holdings Lp), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains Gp Holdings Lp)
Margin Regulations; Investment Company Act. (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.stock in violation of Regulation U.
(b) None of the Borrower, 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.
Appears in 3 contracts
Samples: Term Loan Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or will not engage, principally or as one of its important activities, in the any business of purchasing or carrying margin stock (within the meaning extend any credit for purposes in violation of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Company is or not and is not required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Revvity, Inc.), Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)
Margin Regulations; Investment Company Act. (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)) in violation of Regulation U, or extending credit for the purpose of purchasing or carrying margin stock.stock in violation of Regulation U.
(b) None of the Borrower, 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.
Appears in 3 contracts
Samples: Term Loan Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co), Term Loan Agreement (Panera Bread Co)
Margin Regulations; Investment Company Act. (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.
(b) None of Neither the Borrower, Borrower nor any Person Controlling the Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.), Credit, Pledge and Security Agreement (Discovery Communications, Inc.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or Facility Loan Parties is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Credit Agreement (Cole Credit Property Trust V, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Margin Regulations; Investment Company Act. (a) The Neither any Borrower nor any Subsidiary is not engaged and or 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), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, Neither any Person Controlling the Borrower, or Borrower nor any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Midcoast Energy Partners, L.P.), Credit Agreement (Midcoast Energy Partners, L.P.)
Margin Regulations; Investment Company Act. (a) The Borrower is has not engaged and nor 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 Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary of the Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling controlling the Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Sandridge Energy Inc), Credit Agreement (Sandridge Energy Inc), Credit Agreement (Methode Electronics Inc)
Margin Regulations; Investment Company Act. (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., in each case in violation of such Regulation U.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary is or Loan Parties is required to be registered register as an “investment company” as such term is defined under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower No Loan Party or any of its Subsidiaries is not engaged and nor 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 Neither the Borrower, nor any Person Controlling the Borrower, or any Subsidiary of its Subsidiaries is or is required to be registered as an “investment company” under or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit Agreement (EnLink Midstream, LLC), Revolving Credit Agreement (EnLink Midstream, LLC), Credit Agreement (EnLink Midstream, LLC)
Margin Regulations; Investment Company Act. (a) The Borrower None of the Borrowers is not engaged and or 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 BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Margin Regulations; Investment Company Act. (a) The Neither Borrower is not engaged and or 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 FRBRelevant Governmental Body), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the No Borrower, any Person Controlling the either Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Amendment No. 5 to Amended and Restated Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP), Master Assignment, Assignment of Liens, and Amendment No. 1 to Amended and Restated Credit Agreement (USD Partners LP)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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 No Borrower, any no Person Controlling the Borrower, or any Borrower and no Subsidiary of any Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is is, or is required to be be, registered as an “"investment company” " under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp)
Margin Regulations; Investment Company Act. (a) The Borrower Company 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.
(b) None of the BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, Loan Party or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (RedHill Biopharma Ltd.), Credit Agreement (Coherus BioSciences, Inc.), Credit Agreement (Portola Pharmaceuticals Inc)
Margin Regulations; Investment Company Act. (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 FRBBoard), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is required to be registered as not an “investment company” under or a company “controlled by” an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: 364 Day Term Loan Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.), 364 Day Term Loan Agreement (Energy Transfer Equity, L.P.)
Margin Regulations; Investment Company Act. (a) The Neither Borrower is not engaged and or 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 Neither Borrower, nor any Person Controlling the either Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and engaged, nor will not 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 FRBBoard of Governors of the Federal Reserve System of the United States), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the BorrowerNo Borrower is, any Person Controlling the Borrower, or any Subsidiary nor is or is it required to be be, registered as an “"investment company” " under the United States of America Investment Company Act of 1940.
Appears in 3 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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.
(b) None of the Borrower, Borrower or any Person Controlling the Borrower, or any Subsidiary Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940Act.
Appears in 3 contracts
Samples: Omnibus Amendment to Loan Documents (Palmer Square Capital BDC Inc.), Credit Agreement (Owl Rock Core Income Corp.), Credit Agreement (Palmer Square Capital BDC Inc.)
Margin Regulations; Investment Company Act. (a) The Neither the Borrower nor any Designated Borrower is not engaged and or 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 Neither the Borrower, Borrower nor any Person Controlling the Borrower, or any Subsidiary is or Designated Borrower is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Ebay Inc), Credit Agreement (Cognizant Technology Solutions Corp), Credit Agreement (Ebay Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary or Controlled JV Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and no Borrower 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 BorrowerCompany, any Person Controlling controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc)
Margin Regulations; Investment Company Act. (a) The Borrower is Borrowers 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.
(b) None of the BorrowerBorrowers, any Person Controlling the BorrowerBorrowers, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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 T, U or X issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock.
(b) None of the BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Focus Financial Partners Inc.), Credit Agreement (Nutri System Inc /De/), Credit Agreement (Nutri System Inc /De/)
Margin Regulations; Investment Company Act. (a) The Borrower is Borrowers are not engaged and will not engage, principally or as one of its their 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 BorrowerBorrowers, any Person Controlling the any Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.)
Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and or 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)Margin Stock, or extending credit for the purpose of purchasing or carrying margin stockMargin Stock.
(b) None of the BorrowerCompany, any Person Controlling the BorrowerCompany, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Danaher Corp /De/), Credit Agreement (Danaher Corp /De/), Credit Agreement (Danaher Corp /De/)
Margin Regulations; Investment Company Act. (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 stockstock in violation of applicable law.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary No Loan Party is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Intersil Corp/De), Credit Agreement (Intersil Corp/De)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the BorrowerHolding, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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.
(b) None of the BorrowerThe Borrower is not, any Person Controlling the Borrower, or any Subsidiary nor is or is it required to be be, registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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)Margin Stock, or extending credit for the purpose of purchasing or carrying margin stockMargin Stock, and no proceeds of any Borrowings will be used for any purpose that violates Regulation U of the FRB.
(b) None of Holdings, the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Velocity Financial, Inc.), Credit Agreement (Velocity Financial, LLC)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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., and no proceeds of any Borrowings will be used for any purpose that violates Regulation U.
(b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Borrower is or is required to be registered as not an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (IASIS Healthcare LLC), Amended and Restated Credit Agreement (IASIS Healthcare LLC)
Margin Regulations; Investment Company Act. (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, in violation of applicable Laws.
(b) None of the Borrower, 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.
Appears in 2 contracts
Samples: Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)
Margin Regulations; Investment Company Act. (a) The No 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.
(b) None of the BorrowerBorrowers, any Person Controlling the BorrowerBorrowers, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Tibco Software Inc), Credit Agreement (ModusLink Global Solutions Inc)
Margin Regulations; Investment Company Act. (a) The Each 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.
(b) None of the BorrowerBorrowers, any Person Controlling the a Borrower, or any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)
Margin Regulations; Investment Company Act. (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.
(b) None of the Borrower, any Person Controlling the Borrower, or any Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Margin Regulations; Investment Company Act. (a) The Such 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.
(b) None of the Borrower, Neither Borrower nor any Person Controlling the such Borrower, or any Subsidiary of such Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Senior Housing Properties Trust), Bridge Loan Agreement (Five Star Quality Care Inc)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will not engage, principally or as one of its their 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 Neither the Borrower, nor any Person Controlling the Borrower, or nor any Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Cambium Learning Group, Inc.), Credit Agreement (Cambium Learning Group, Inc.)
Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and nor will not 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.
(b) None of The Borrower is not an “investment company” within the Borrowermeaning of, any Person Controlling the Borrower, or any Subsidiary and is or is not required to be registered as an “investment company” under under, the Investment Company Act of 1940Act.
Appears in 2 contracts
Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund), Credit Agreement (Nuveen Churchill Private Capital Income Fund)
