Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 104 contracts
Samples: Annual Report, Credit Agreement (Norfolk Southern Corp), 364 Day Credit Agreement (Mohawk Industries Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 37 contracts
Samples: Credit Agreement (Johnson Controls International PLC), Credit Agreement (Aes Corp), Credit Agreement (Norfolk Southern Corp)
Not an Investment Company. The Such Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 36 contracts
Samples: Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp)
Not an Investment Company. The Neither the Borrower nor any of its Subsidiaries is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Credit Agreement (Atlantic American Corp), Credit Agreement (Outback Steakhouse Inc), Term Loan Credit Agreement (Carmike Cinemas Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or controlled by such a company.
Appears in 14 contracts
Samples: Five Year Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co)
Not an Investment Company. The Neither the Company nor the Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (U S West Inc /De/), Credit Agreement (U S West Inc /De/), Credit Agreement (Usw-C Inc)
Not an Investment Company. The No Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc), Loan Agreement (Source Information Management Co)
Not an Investment Company. The Borrower is not an "investment companyINVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Litton Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Universal Health Services Inc)
Not an Investment Company. The Borrower is not an "investment company" or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (K N Energy Inc), 364 Day Credit Agreement (K N Energy Inc), 364 Day Credit Agreement (K N Energy Inc)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.
Appears in 5 contracts
Samples: Security and Funding Agreement (Americredit Corp), Variable Funding Loan Agreement (Walter Industries Inc /New/), Variable Funding Loan Agreement (Walter Industries Inc /New/)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 4 contracts
Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.), Credit and Security Agreement (Packaging Corp of America)
Not an Investment Company. The No Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Praxair Inc), Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.
Appears in 3 contracts
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/), Variable Funding Loan Agreement (Walter Industries Inc /New/), Variable Funding Loan Agreement (Walter Industries Inc /New/)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Loan Agreement (Dove Entertainment Inc), Revolving Credit and Term Loan Agreement (Transmation Inc), Loan Agreement (Newstar Media Inc)
Not an Investment Company. The Borrower is not an -------------------------- "investment company" ", nor is it controlled by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/), Credit Agreement (Komag Inc /De/)
Not an Investment Company. The Neither Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ingersoll Rand Co LTD), Credit Agreement (Blyth Inc)
Not an Investment Company. The Borrower is not, and is not controlled by, an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.
Appears in 2 contracts
Samples: Funding Agreement (Fieldstone Investment Corp), Asset Backed Loan Agreement (Memec Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or any successor statute.
Appears in 2 contracts
Samples: Credit and Security Agreement (Acuity Brands Inc), Credit and Security Agreement (Zep Inc.)
Not an Investment Company. The Borrower is not an -------------------------- "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Limited Inc), Revolving Credit Agreement (Limited Inc)
Not an Investment Company. The Borrower is not an "investment company" ------------------------- within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.
Appears in 2 contracts
Samples: Security and Funding Agreement (Americredit Corp), Security and Funding Agreement (Americredit Corp)
Not an Investment Company. The Borrower is not an "investment companyInvestment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Not an Investment Company. The Borrower is not an ------------------------- "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Not an Investment Company. The either the Borrower nor any of its Subsidiaries is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Not an Investment Company. The Borrower is not an "investment company" required to register as an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment companyINVESTMENT COMPANY" or controlled by an "INVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Massey Energy Co)
Not an Investment Company. The Borrower is not an "“investment company" within the meaning of ” or an entity controlled by an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Junior Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Not an Investment Company. The Borrower is not an "investment ------------------------- company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Contran Corp)
Not an Investment Company. The Such Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Toyota Motor Credit Corp)
Not an Investment Company. The Borrower is not an "“investment company" ” required to register as an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "“investment company" ”, nor is it controlled by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Neither Borrower is not an "investment company" within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Allen Group Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” required to be registered or a company “controlled” by such “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Letter of Credit Agreement (Avalon Pharmaceuticals Inc)
Not an Investment Company. The Borrower is not an "investment company" company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Pentair Inc)
Not an Investment Company. The Borrower is not an "investment ------------------------- company" within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Hooper Holmes Inc)
Not an Investment Company. The Borrower is not, and is not controlled by, an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (CNF Inc)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled by an investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Neither Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 19401940 (as such act may be amended, as amendedsupplemented, restated, or otherwise modified or replaced), or is exempt from all provisions of such act.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, nor is it subject to regulation under any federal or state statute or regulation which limits its ability to incur Indebtedness for Money Borrowed hereunder.
Appears in 1 contract
Samples: Loan Agreement (Syms Corp)
Not an Investment Company. The Borrower is not an "investment company" ", nor is it controlled by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Brylane Inc)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 1 contract
Samples: Credit and Security Agreement (Precision Castparts Corp)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Allen Group Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended., or controlled by such a company. LEGAL02/33558006v8
Appears in 1 contract
Not an Investment Company. The Borrower is not an ------------------------- "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
