Margin Regulations; Investment Company Act. (a) Each Borrower is not and will 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 Borrowers or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 9 contracts
Samples: First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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.U.
(b) None of the Borrowers Borrower, any Person Controlling the Borrower, or any Guarantor of its Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 5 contracts
Samples: Abl Credit Agreement (AFG Holdings, Inc.), Credit Agreement (Summit Materials, LLC), Credit Agreement (Summit Materials, Inc.)
Margin Regulations; Investment Company Act. (a) Each Neither Borrower is not and engaged nor will not 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.U.
(b) None of the Borrowers or any Guarantor other Loan Party is, 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 (Trinseo PLC), Credit Agreement (Trinseo S.A.), Credit Agreement (Trinseo S.A.)
Margin Regulations; Investment Company Act. (a) Each No Borrower is not and engaged nor will not 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 Loans 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 SystemGovernors.
(b) None of the Borrowers Holdings, any Person Controlling Holdings, or any Guarantor Subsidiary Holdings is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Amendment Agreement (Education Management Corporation), Credit Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management LLC)
Margin Regulations; Investment Company Act. (a) Each No Borrower is not and engaged or will 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 Borrowers No Loan Party or any Guarantor 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 (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)
Margin Regulations; Investment Company Act. (a) Each Borrower None of the Borrower, any Guarantor, or any Other Subsidiaries is not engaged in, and will not engageengage in, 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 the Loans 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 Borrowers Borrower, any Person Controlling the Borrower, or any Guarantor of its Subsidiaries 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 (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.)
Margin Regulations; Investment Company Act. (a) Each 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, 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 SystemBoard.
(b) None of the Borrowers Borrower or any Guarantor of the 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: Omnibus Incremental Term Loan and Seventh Amendment to Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Global Eagle Entertainment Inc.)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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, in either case in violation of Regulation U, 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 Neither the Borrowers Borrower nor any Person Controlling the Borrower is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Summit Midstream Partners, LP), Credit Agreement (Summit Midstream Partners, LP)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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 Board), 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 Borrowers Borrower, any Person Controlling the Borrower, or any Guarantor Subsidiary is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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, in either case in violation of Regulation U, 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 Borrowers Borrower, any Person Controlling the Borrower, or any Guarantor the Guarantors 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 (CBRE Acquisition Holdings, Inc.), Credit Agreement (Altus Power, Inc.)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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, in either case in violation of Regulation U, 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 Borrowers No Loan Party is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Apria, Inc.), Credit Agreement (Apria, Inc.)
Margin Regulations; Investment Company Act. (a) Each 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, 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 SystemBoard.
(b) None of Parent, the Borrowers Borrower or any Guarantor of the 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: Second Lien Credit Agreement (Global Eagle Entertainment Inc.), Second Lien Credit Agreement (Global Eagle Entertainment Inc.)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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 Neither the Borrower nor any of the Borrowers its Restricted Subsidiaries is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Portillo's Inc.), Second Lien Credit Agreement (Portillo's Inc.)
Margin Regulations; Investment Company Act. (a) Each 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, or extending credit for the purpose of purchasing or carrying Margin Stock, Stock and no proceeds of any Borrowings or drawings under any Letter the initial Borrowing of Credit Loans on the Closing Date 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 of the Board of Governors of the United States Federal Reserve SystemMargin Stock.
(b) None of the Borrowers or any Guarantor Loan Parties is required to be registered as an “investment company” under as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (EngageSmart, Inc.), Revolving Credit Agreement (EngageSmart, Inc.)
Margin Regulations; Investment Company Act. (a) Each Neither Holdings nor the Borrower is not and engaged nor will not 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.U.
(b) None of Holdings, the Borrowers Borrower or any Guarantor 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 (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/)
Margin Regulations; Investment Company Act. (a) Each Borrower is not and engaged nor will not 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.U.
(b) None Neither Borrower, nor any Person Controlling Borrower, or any of the Borrowers subsidiaries of Borrower is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Margin Regulations; Investment Company Act. (a) Each 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, 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 Borrowers or any Guarantor The Borrower is not required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Abl Credit Agreement (Mallinckrodt PLC), Abl Credit Agreement (Mallinckrodt PLC)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will 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.U.
(b) None of the Borrowers Borrower or any Subsidiary Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)
Margin Regulations; Investment Company Act. (a) Each No Borrower nor any Subsidiary is not and engaged or will 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 Borrowers No Borrower nor any Subsidiary is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (W.W. Grainger, Inc.), Credit Agreement (Grainger W W Inc)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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.U.
(b) None of the Borrowers Borrower or any Guarantor other Loan Party is, or is required to be be, registered as an “investment company” under the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Styron Canada ULC), Credit Agreement (Trinseo S.A.)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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 Borrowers or Borrower nor any Guarantor 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 (Mattress Firm Holding Corp.), Abl Credit Agreement (Mattress Firm Holding Corp.)
Margin Regulations; Investment Company Act. (a) Each None of Holdings or the Borrower is not and engaged nor will not 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.U.
(b) None of Holdings, the Borrowers Borrower, or any Guarantor Restricted Subsidiary is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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 Neither the Borrower nor any of the Borrowers its Subsidiaries is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Portillo's Inc.)
Margin Regulations; Investment Company Act. (a) Each No Borrower is not and engaged or will 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 Borrowing will be used for any purpose that violates Regulation U of the Board of Governors of the United States Federal Reserve System.U, Regulation T or Regulation X.
(b) None of the Borrowers Company, any Person Controlling the Company, or any Guarantor 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 (MULTI COLOR Corp)
Margin Regulations; Investment Company Act. (a) Each No Borrower is not and engaged or will 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.of
(b) None No Borrower, no Person Controlling any Borrower and no Subsidiary of the Borrowers any Borrower is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Herbalife Ltd.)
Margin Regulations; Investment Company Act. (a) Each Borrower is not and engaged nor will not 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 Credit Extension and no 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 SystemGovernors.
(b) None of the Borrowers No Credit Party and no Person Controlling any Credit Party is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Education Management Corporation)
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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 SystemFRB.
(b) None of Holdings, the Borrowers Borrower, or any Guarantor 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
Margin Regulations; Investment Company Act. (a) Each The Borrower is not and engaged nor will not 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.U.
(b) None of the Borrowers Borrower, any Person Controlling the Borrower, or any Guarantor of its Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Margin Regulations; Investment Company Act. (a) 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, 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 Borrowers No Loan Party is or any Guarantor is required to be registered as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Margin Regulations; Investment Company Act. (a) Each Borrower is not and engaged nor will not 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.U.
(b) None Neither Borrower, nor any Person Controlling Borrower, or any of the Borrowers subsidiaries of Borrower is or any Guarantor is required to be registered as an “investment company” company under the Investment Company Act of 1940.
Appears in 1 contract
