Not an Investment Company. The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 59 contracts
Samples: Merger Agreement (Future Vision II Acquisition Corp.), Agreement and Plan of Merger (Kairous Acquisition Corp. LTD), Merger Agreement (Keen Vision Acquisition Corp.)
Not an Investment Company. The Company is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 28 contracts
Samples: Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp), 364 Day Credit Agreement (Lincoln National Corp)
Not an Investment Company. The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 25 contracts
Samples: Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp), Revolving Credit Agreement (Brighthouse Financial, Inc.)
Not an Investment Company. The Company It is not, and is not controlled by, an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunderor is exempt from all provisions of such act.
Appears in 10 contracts
Samples: Indenture (Commercial Credit, Inc.), Sale and Servicing Agreement (Commercial Credit, Inc.), Indenture (Commercial Credit, Inc.)
Not an Investment Company. The Company 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, and the rules and regulations promulgated thereunder.
Appears in 9 contracts
Samples: Revolving Credit Agreement (Masco Corp /De/), 364 Day Revolving Credit Agreement (Masco Corp /De/), 364 Day Revolving Credit Agreement (Masco Corp /De/)
Not an Investment Company. The Company It is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunderor any successor statute.
Appears in 8 contracts
Samples: Receivables Sale Agreement (Southern Natural Gas Co), Receivables Sale Agreement (Anr Pipeline Co), Receivables Sale Agreement (Colorado Interstate Gas Co)
Not an Investment Company. The Company 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, and the rules and regulations promulgated thereunder.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/)
Not an Investment Company. The Company is not an “investment company” Investment Company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Reckson Services Industries Inc), 12% Series C Senior Redeemable Preferred Stock Purchase Agreement (It Partners Inc), 12% Series C Senior Redeemable Preferred Stock Purchase Agreement (It Partners Inc)
Not an Investment Company. The Company It is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, and 1940 of the rules and regulations promulgated thereunder.U.S.
Appears in 3 contracts
Samples: Facility Agreement (Security Capital U S Realty), Facility Agreement (Security Capital U S Realty), Facility Agreement (Security Capital U S Realty)
Not an Investment Company. The Neither Seller nor the Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 3 contracts
Samples: Stock Purchase Agreement (International Media Acquisition Corp.), Stock Purchase Agreement (Global Consumer Acquisition Corp), Stock Purchase Agreement (Global Consumer Acquisition Corp)
Not an Investment Company. The Neither the Company nor any other member of the Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 3 contracts
Samples: Merger Agreement (Revelstone Capital Acquisition Corp.), Merger Agreement (Revelstone Capital Acquisition Corp.), Merger Agreement (Revelstone Capital Acquisition Corp.)
Not an Investment Company. The Company 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, and the rules and regulations promulgated thereunder.
Appears in 2 contracts
Samples: Term Loan Agreement (Efax Com Inc), Term Loan Agreement (Jfax Com Inc)
Not an Investment Company. The Company Corporation is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 2 contracts
Samples: Continuing Covenant Agreement, Continuing Covenant Agreement
Not an Investment Company. The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Pentair Inc), Term Loan Agreement (Pentair Inc)
Not an Investment Company. The Company It is not an “investment company” or a company directly or indirectly controlled by an “investment company” within the meaning of the United States Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 2 contracts
Samples: Indenture (National Commercial Bank Jamaica LTD), Origination Agreement (National Commercial Bank Jamaica LTD)
Not an Investment Company. The Company It is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Not an Investment Company. The To the best of the knowledge of the Company, the Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Not an Investment Company. The Company 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, and the rules and regulations promulgated thereunder.. 40 SIDLEY XXXXXX XXXXX & XXXX
Appears in 1 contract
Samples: 5 Year Revolving Credit Agreement (Masco Corp /De/)
Not an Investment Company. The Company is not an “------------------------- "investment company” " within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Credit Agreement (Limited Inc)
Not an Investment Company. The Company is not an “"investment company” " ------------------------- within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Credit Agreement (Adac Laboratories)
Not an Investment Company. The Company is not an “investment company” ------------------------- Investment Company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Touchstone Applied Science Associates Inc /Ny/)
Not an Investment Company. The Company 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 (the "1940 Act"). In addition, and the rules and regulations promulgated thereunderCompany agrees that it shall not become an "investment company" or a company "controlled" by an "investment company," within the meaning of the 1940 Act.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Worldres Com Inc)
Not an Investment Company. The Company is not, will not become as a result of the transactions contemplated hereby, an “investment company” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Not an Investment Company. The Company is not an “"investment company” within the meaning of " as such term is defined in the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Crocs, Inc.)
Not an Investment Company. The Company is not an “investment company” within the meaning of Section 3(a)(1) of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Merger and Share Exchange Agreement (BGS Acquisition Subsidiary, Inc.)
Not an Investment Company. The Company is not an “"investment company” within the meaning of " as such term is defined under the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Registration Rights Agreement (Interneuron Pharmaceuticals Inc)
Not an Investment Company. The Company is not an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Loan Agreement (MGM Mirage)
Not an Investment Company. The Company is not an “investment company” Investment Company ------------------------- within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Not an Investment Company. The Company is not an “investment company” ------------------------- company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc)
Not an Investment Company. The Company is not an “investment company” within subject to the meaning of registration requirements of, or regulation as an investment company under, the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Not an Investment Company. The Each Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.
Appears in 1 contract
Samples: Purchase Agreement (iFresh Inc)
Not an Investment Company. The Company It is not, and is not controlled by, an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunderor is exempt from all provisions of such act.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Norfolk Southern Corp)
