Not Investment Company. The Borrower is not, and is not required to be registered as, an “Investment Company” within the meaning of the Investment Company Act of 1940, as amended.
Not Investment Company. The Company is not, and solely after receipt of the Aggregate Purchase Price, will not be, an “investment company” as defined in the Investment Company Act of 1940, as amended.
Not Investment Company. The Company is not an “investment company” or a company controlled by an “investment company” or, to the knowledge of the Company, an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.
Not Investment Company. The Company is not required to register as an investment company under the United States Investment Company Act of 1940, as amended.
Not Investment Company. None of the Company, any Person controlling or any subsidiary of the Company is (a) an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), or otherwise registered or required to be registered, or subject to the restrictions imposed, by the Investment Company Act.
Not Investment Company. Neither Intermediate Holdings nor any of its ---------------------- Subsidiaries is (A) 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 of the Securities and Exchange Commission thereunder, or (B) a "holding company" or a "subsidiary company" of a holding company or an "affiliate" thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Not Investment Company. Each Seller 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, or is otherwise subject to regulation under or the restrictions of such act.
Not Investment Company. The Company is not, and upon the issuance and sale of the Securities as contemplated by this Agreement will not be, an “investment company” required to be registered under the Investment Company Act of 1940 (an “Investment Company”). The Company is not controlled by an Investment Company.
Not Investment Company. The Company is not subject to regulation ---------------------- under the Investment Company Act of 1940, as amended.
Not Investment Company. The Company is not an “investment company” as such term is defined under the United States Investment Company Act of 1940, as amended. The Company is not a passive foreign investment company (“PFIC”) within the meaning of Section 1296 of the United States internal Revenue Code of 1986, as amended and will use all efforts to avoid becoming a PFIC.
