Not a Regulated Entity. Neither 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” each as defined in 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 relating to its authority to incur Debt.
Appears in 2 contracts
Sources: Loan and Security Agreement (Biosante Pharmaceuticals Inc), Loan and Security Agreement (Broadwind Energy, 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” each as defined in within the meaning of 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 relating to Law regarding its authority to incur Debt.
Appears in 2 contracts
Sources: Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (Commercial Vehicle Group, Inc.)
Not a Regulated Entity. Neither any 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” each as defined in 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 relating to its authority to incur Debt.
Appears in 2 contracts
Sources: Loan and Security Agreement (Lakeland Industries Inc), Loan and Security Agreement (Lakeland Industries Inc)
Not a Regulated Entity. Neither No Borrower nor any or Significant Subsidiary is (a) an “investment company” or a “person directly or indirectly controlled by or acting on behalf of an investment company” each as defined in within the meaning of 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 relating to Applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)
Not a Regulated Entity. Neither 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” " each as defined in the 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 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 relating to its authority to incur Debt.
Appears in 1 contract
Sources: 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” each as defined in within the meaning of 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 relating to its authority to incur Debt.103 13892670v7
Appears in 1 contract