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

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stockmargin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying Margin Stockmargin stock, and no proceeds of any Borrowings or drawings under any Letter of Credit will be used for any purpose that violates Regulation U of the Board of Governors of the United States Federal Reserve System.U. (b) None of the BorrowerBorrowers, any Person Controlling the Borrowerany Borrowers, or any of its Restricted the Subsidiaries of a Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower No Loan Party is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its their Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor and will it not engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, Holdings or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower None of the Loan Parties is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor and will it not engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 T, U or X of the Board of Governors of the United States Federal Reserve System. (b) None of the BorrowerHoldcos, any Person Controlling the Borrower, Borrower or any of its the Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its their Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is and its Restricted Subsidiaries are not engaged nor and will it not engage, principally or as one of its their important activities, in the business of purchasing or carrying Margin Stock, 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 T, U or X of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, Holdings or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engageengaged, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, or extending credit for margin stock (within the purpose meaning of purchasing or carrying Margin Stock, and no Regulation U). No Loan proceeds of any Borrowings or drawings under any Letter of Credit will be used by the Borrower to purchase or carry, or to reduce or refinance any Indebtedness incurred to purchase or carry, any margin stock or for any purpose that violates related purpose, in each case in violation of Regulation T, U or X of the Board of Governors of the United States Federal Reserve SystemGovernors. (b) None of the Borrower, any Person Controlling the Borrower, Borrower or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the BorrowerBorrowers, any Person Controlling the BorrowerBorrowers, or any of its their Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of Neither the Borrower, any Person Controlling the Borrower, or Borrower nor any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Neither Holdings nor the Borrower is not engaged nor or will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of Holdings, the Borrower, any Person Controlling the Borrower, Borrower or any of its the Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor and will it not engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 T, U or X of the Board of Governors of the United States Federal Reserve System. (b) None of the BorrowerHoldcos, any Person Controlling the Borrower, Borrower or any of its the Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its their Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor and will it engage, principally or not engage as one of its important principal activities, in the business of purchasing or carrying Margin Stock, or extending credit for the purpose of purchasing or carrying Margin Stock, and no . The application of the proceeds of any Borrowings each Borrowing by the Borrower will not result in a violation of Regulations U or drawings under any Letter of Credit will be used for any purpose that violates Regulation U X of the Board FRB and, after application of Governors such proceeds, not more than 25% of the United States Federal Reserve Systemvalue 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 of its Restricted Subsidiaries Material Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor and will it not engage, principally or as one of its their important activities, in the business of purchasing or carrying Margin Stockmargin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying Margin Stock, margin stock and no proceeds of any Borrowings Loan or drawings under any Letter of Credit Incremental Loan will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any purpose that violates margin stock in violation of Regulation U of the Board of Governors of the United States Federal Reserve System.U. (b) None of the Borrower, any Person Controlling the Borrower, Borrower or any of its Restricted Subsidiaries Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940, as amended from time to time.

Margin Regulations; Investment Company Act. (a) The No Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the BorrowerBorrowers, any Person Controlling either of the BorrowerBorrowers, or any of its their Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, or extending credit for the purpose of purchasing or carrying Margin Stockmargin stock (within the meaning of Regulation U of the Federal Reserve Board), and no proceeds of any Borrowings or drawings under any Letter of Credit Loan will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any purpose that violates such margin stock in contravention of Regulation T, U or X of the Board of Governors of the United States Federal Reserve SystemBoard. (b) None of the Borrower, any Person Controlling the Borrower, Borrower or any Subsidiary of its Restricted Subsidiaries the Borrower is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The No Borrower is not generally engaged nor will it engage, principally in the business of extending credit or as one of its important activities, in the business of purchasing or carrying Margin Stock, or extending credit and the Borrowings hereunder will not be used for the purpose of purchasing or carrying Margin Stock in a manner which (i) would violate or result in a violation of Regulations T, U or X issued by the Board, or (ii) would constitute a Hostile Acquisition involving 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the any Borrower, any Person Controlling the controlling any Borrower, or any of its Restricted Subsidiaries Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower is not generally engaged nor will it engage, principally in the business of extending credit or as one of its important activities, in the business of purchasing or carrying Margin Stock, or extending credit and the Borrowings hereunder will not be used for the purpose of purchasing or carrying Margin Stock in a manner which (i) would violate or result in a violation of Regulations T, U or X issued by the Board, or (ii) would constitute a Hostile Acquisition involving 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 of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling controlling the Borrower, or any of its Restricted Subsidiaries Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.

Margin Regulations; Investment Company Act. (a) The Borrower None of the Loan Parties is not engaged nor will it engage, principally or as one of its important activities, in the business of purchasing or carrying Margin Stock, or extending credit for the purpose of purchasing or carrying Margin Stock, and no proceeds of any Borrowings or drawings under any Letter and no Letters of Credit will be used for any purpose that violates Regulation U of the Board of Governors of the United States Federal Reserve System. (b) None of the Borrower, any Person Controlling the Borrower, or any of its Restricted Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.