Not a Regulated Entity. Neither the Borrower nor any Subsidiary is: (a) an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Samples: Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (Commercial Vehicle Group, Inc.)
Not a Regulated Entity. Neither the Borrower nor any Subsidiary is: is (a) an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of each as defined in the Investment Company Act of 1940; 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Law regarding law relating to its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Biosante Pharmaceuticals Inc), Loan and Security Agreement (Broadwind Energy, Inc.)
Not a Regulated Entity. Neither the any Borrower nor any Subsidiary is: is (a) an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of each as defined in the Investment Company Act of 1940; 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Law regarding law relating to its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lakeland Industries Inc), Loan and Security Agreement (Lakeland Industries Inc)
Not a Regulated Entity. Neither the No Borrower nor any or Significant Subsidiary is: is (a) an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)
Not a Regulated Entity. Neither the Borrower nor any Subsidiary is: is (a) an “"investment company” " or a “"person directly or indirectly controlled by or acting on behalf of an investment company” within " each as defined in the meaning Investment Company Act of 1940 (except to the extent that Sponsor constitutes an "investment company" but is exempt from the provisions of the Investment Company Act of 1940; 1940 pursuant to the terms thereof) or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Law regarding law relating to its authority to incur Debt.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Environmental Recycling Technologies Inc)
Not a Regulated Entity. Neither the Borrower nor any Subsidiary is: is (a) an “"investment company” " or a “"person directly or indirectly controlled by or acting on behalf of an investment company” within the meaning of " each as defined in the Investment Company Act of 1940; 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other applicable Law regarding law relating to its authority to incur Debt. None of the Borrowers are in the business of producing electric power for delivery to a transmission grid or natural gas to be shipped by interstate pipeline.
Appears in 1 contract
Samples: Loan and Security Agreement (Pacific Ethanol, Inc.)
