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

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 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 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 (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.)

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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 stock 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 of its Restricted 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 (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, 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 any Legal Requirements, or extending credit for the purpose of purchasing or carrying margin stock and no proceeds in violation of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.Legal Requirements. (b) None of the Borrower, any Person Controlling the Borrower, or any Consolidated 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 (Camden Property Trust), Credit Agreement (Camden Property Trust), Credit Agreement (Camden Property Trust)

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 and no proceeds in a manner that would result in a violation of any Borrowings or drawings under any Letter Regulation U of Credit will be used for any purpose that violates Regulation U.the FRB. (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: Term Loan Credit Agreement (Biogen Inc.), Credit Agreement (Biogen Inc.), Credit Agreement (Biogen 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 value of the purpose assets of purchasing or carrying the Borrower and its Subsidiaries that constitute margin stock does not exceed an amount equal to 25% of the value of all assets of the Borrower and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.its Subsidiaries. (b) None of the Borrower, any Person Controlling the Borrower, or any the Subsidiary Borrower 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 (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)

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 and no stock. No proceeds of any Borrowings Borrowing or drawings drawing under any Letter of Credit will be used for any purpose that violates in contravention or violation of Regulation U.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 3 contracts

Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems 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 stock. Not more than 25% of the value of the assets of the Borrower and no proceeds its Subsidiaries are comprised of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.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 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 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)) other than stock in the Borrower, or extending credit for the purpose of purchasing or carrying margin stock and no proceeds stock. Less than 25% of any Borrowings or drawings under any Letter the Borrower’s total assets consist of Credit will be used for any purpose that violates Regulation U.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, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores 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 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). Unless the Company shall have (i) given notice to the Administrative Agent and (ii) complied with any reasonable requests of the Administrative Agent to demonstrate compliance with Regulation U, or extending credit for less than 25% of the purpose value of purchasing or carrying the assets of the Company and its Subsidiaries constitutes margin stock and no proceeds within the meaning of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates such Regulation U. (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 (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)

Margin Regulations; Investment Company Act. (a) The 5.12.1 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 Regulations U issued by the FRBand X), or extending credit for the purpose of purchasing or carrying margin stock and no stock. No part of the proceeds of any Borrowings or drawings under any Letter of Credit Loan will be used by the Company or any Subsidiary for any purpose that violates Regulation U.the provisions of Regulations U and X. (b) 5.12.2 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 (NIKE, Inc.), Credit Agreement (NIKE, Inc.), Credit Agreement (NIKE, Inc.)

Margin Regulations; Investment Company Act. (a) The No 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 stock, and no proceeds of any Borrowings or drawings under any Letter of Credit the Borrowing will be used for any purpose that violates Regulation U. (b) None of Neither the Borrower, any Person Controlling the Borrower, or any Subsidiary of the Subsidiaries 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: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)

Margin Regulations; Investment Company Act. (a) The No 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 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 BorrowerBorrowers, any Person Controlling the any Borrower, or any Subsidiary of the Subsidiaries of a Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 3 contracts

Samples: Debtor in Possession Credit Agreement (Millennium Chemicals Inc), Debtor in Possession Credit Agreement (Equistar Chemicals Lp), Credit Agreement (Lyondell Chemical Co)

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged and will does not intend to 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 and no proceeds of any Borrowings or drawings under any Letter stock. The making of Credit Extensions hereunder and the use of the proceeds thereof will be used for any purpose that violates not result in a violation of Regulation U. (b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary Loan Parties 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 (Analog Devices Inc), Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices 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 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, 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: Credit Agreement (Catalent, Inc.), Credit Agreement (Catalent Pharma Solutions, 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 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)Board. Unless the Company shall have (i) given notice to the Administrative Agent and (ii) complied with any reasonable requests of the Administrative Agent to demonstrate compliance with Regulation U, or extending credit for less than 25% of the purpose value of purchasing or carrying the assets of the Company and its Subsidiaries constitutes margin stock and no proceeds within the meaning of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates such Regulation U. (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 2 contracts

Samples: Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer 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 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 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 2 contracts

Samples: Credit Agreement (ReAble Therapeutics Finance LLC), Credit Agreement (Encore Medical, L.P.)

Margin Regulations; Investment Company Act. (a) The 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 (within the meaning of Regulation U issued by the FRB)Margin Stock, or extending credit for the purpose of purchasing or carrying margin stock Margin Stock, and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for the purpose of purchasing or carrying Margin Stock or any other any purpose that violates 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 2 contracts

Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, 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 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 Holdings, the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary is or is required to be registered as an “investment company” under as defined in, or subject to regulation under, the Investment Company Act of 1940.

Appears in 2 contracts

Samples: Second Amendment and Restatement Agreement (Team Health Holdings Inc.), Credit Agreement (Team Health Holdings 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 and no stock. After applying the proceeds of any Borrowings or drawings under Borrowing, not more than 25 percent of the value (as determined by any Letter reasonable method) of Credit will be used for any purpose that violates Regulation U.the assets of the Borrower is represented by 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 2 contracts

Samples: 364 Day Credit Agreement (Vulcan Materials CO), 364 Day Credit Agreement (Vulcan Materials 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 and no stock. None of the proceeds of any Borrowings or drawings under Loan, nor any Letter of Credit will be used is being used, directly or indirectly for any the purpose that violates Regulation U.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 2 contracts

Samples: Credit Agreement (Gen Probe Inc), Credit Agreement (Gen Probe 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 and no proceeds in a manner that would result in a violation of any Borrowings or drawings under any Letter Regulation U of Credit will be used for any purpose that violates Regulation U.the FRB. (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 (Biogen Idec Inc.), Loan Agreement (Biogen Idec Inc.)

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 and no stock. No proceeds of any Borrowings Borrowing or drawings drawing under any Letter of Credit will be used for any purpose that violates in contravention or violation of Regulation U.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 2 contracts

Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/)

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 stock. Less than 25% of the assets of the Borrower and no proceeds its Subsidiaries (taken as a whole) consists of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.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 2 contracts

Samples: Credit Agreement (Mercury General Corp), Credit Agreement (Mercury General Corp)

Margin Regulations; Investment Company Act. (ai) 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 and no proceeds of any Borrowings or drawings under any Letter of 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 purpose that violates Regulation U.margin stock. (bii) 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: Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)

Margin Regulations; Investment Company Act. (a) The No 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 stock, and no proceeds of any Borrowings or drawings under any Letter of Credit Extensions will be used for any purpose that violates Regulation U. (b) None of the BorrowerBorrowers, any Person Controlling the any Borrower, 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 1 contract

Samples: Senior Secured Asset Based Credit Agreement (LyondellBasell Industries N.V.)

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 FRBBoard), or extending credit for . The value of the purpose assets of purchasing or carrying the Parent Borrower and its Subsidiaries (taken as a whole) that constitute margin stock does not exceed an amount equal to 25% of the value of all assets of the Parent Borrower and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.its Subsidiaries (taken as a whole). (b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary Loan Parties is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Tupperware 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)) in violation of any Legal Requirements, or extending credit for the purpose of purchasing or carrying margin stock and no proceeds in violation of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.Legal Requirements. (b) None of the Borrower, any Person Controlling the Borrower, Camden Trust or any Consolidated Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Tax, Asset and Income Agreement (Camden Property Trust)

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 and no stock. No proceeds of any Borrowings Borrowing or drawings drawing under any Letter of Credit will be used for any purpose that violates in contravention or violation of Regulation U.U issued by the FRB. 77 (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 1 contract

Samples: Credit Agreement (Telephone & Data Systems Inc /De/)

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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 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 Holdings, the Borrower, nor any Person Controlling Holdings, 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 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Margin Regulations; Investment Company Act. (a) The No 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 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 BorrowerBorrowers, any Person Controlling the Borrowerany Borrowers, or any Subsidiary of the Subsidiaries of a Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Nielsen Holdings PLC)

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 and no proceeds of any Borrowings or drawings under any Letter of 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 purpose that violates Regulation U.margin stock. (b) None of Neither the Borrower, nor any Person Controlling the Borrower, or any Subsidiary Borrower is or is required to be registered as an “investment company” under as defined in the Investment Company Act of 1940.

Appears in 1 contract

Samples: Escrow Credit Agreement (CommScope Holding Company, 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 stock, and no proceeds of any Borrowings or drawings under any Letter of Credit Extensions will be used for any purpose that violates Regulation U. (b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary of the Subsidiaries of the Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (LyondellBasell Industries N.V.)

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 stock 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.U issued by the FRB. (b) None of the Borrower, any Person Controlling the 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 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Margin Regulations; Investment Company Act. (a) 5.12.1 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 Regulations U issued by the FRBand X), or extending credit for the purpose of purchasing or carrying margin stock and no stock. No part of the proceeds of any Borrowings or drawings under any Letter of Credit Loan will be used by the Borrower or any Subsidiary for any purpose that violates Regulation U.the provisions of Regulations U and X. (b) 5.12.2 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 1 contract

Samples: Credit Agreement (NIKE, 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 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 BorrowerHoldings, 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 1 contract

Samples: Credit Agreement (Uici)

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 FRBBoard), or extending credit for the purpose of purchasing or carrying margin stock stock, and no proceeds of any Borrowings Loans or drawings under any Letter Letters 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 is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (RDA Holding Co.)

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 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 is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Targa Resources Investments Inc.)

Margin Regulations; Investment Company Act. (ai) The Initial 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 and no proceeds of any Borrowings or drawings under any Letter of 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 purpose that violates Regulation U.margin stock. (bii) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary The Initial Borrower is or not registered nor is it required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Syniverse Holdings Inc)

Margin Regulations; Investment Company Act. (a) The No 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 FRBBoard of Governors of the Federal Reserve System of the United States), 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.stock. (b) None of the BorrowerUltimate Parent, Intermediate Parent, Xxxxxx Xxxxxxxx Finance or any Person Controlling the Borrower, or any Person Controlling such Person, or any Subsidiary is or of such Person is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Wc Term Loan Credit and Guaranty Agreement (Actavis PLC)

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged and will does not intend to 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 and no proceeds of any Borrowings or drawings under any Letter stock. The making of Credit Extensions hereunder and the use of the proceeds thereof will be used for any purpose that violates not result in a violation of Regulation U. (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 1 contract

Samples: Amendment and Restatement Agreement (Analog Devices 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 stock. Not more than 25% of the value of the assets of the Borrowers and no proceeds their respective Subsidiaries are comprised of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U.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 1 contract

Samples: Credit Agreement (Armstrong Flooring, Inc.)

Margin Regulations; Investment Company Act. (a) The Neither 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 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 Neither of the BorrowerBorrowers, any Person Controlling the any Borrower, or any Subsidiary of the Subsidiaries of a Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lyondell Chemical 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 and no proceeds of any Borrowings or drawings under any Letter of 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 purpose that violates Regulation U.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 1 contract

Samples: Second Lien Credit Agreement (Syniverse Holdings 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 FRBBoard), or extending credit for the purpose of purchasing or carrying margin stock stock, and no proceeds of any Revolving Credit 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 is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Appears in 1 contract

Samples: Revolving Credit and Guarantee Agreement (RDA Holding Co.)

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 stock, and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U. (ba) 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, as amended.

Appears in 1 contract

Samples: Credit Agreement (SMART Technologies Inc.)

Margin Regulations; Investment Company Act. (a) The Borrower Holdings 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 stock, and no proceeds of any Borrowings or drawings under any Letter of 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 purpose that violates Regulation U.margin stock. (b) None of the Borrower, any Person Controlling the Borrower, or any Subsidiary Credit Parties is or is required to be registered as an “investment company” under as defined in the Investment Company Act of 1940.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Zekelman Industries, Inc.)

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