Common use of Public Utility Holding Company Act Not Applicable Clause in Contracts

Public Utility Holding Company Act Not Applicable. The Borrower is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (National Beef Packing Co LLC), Credit Agreement (PSF Group Holdings Inc), Credit Agreement (Fm Properties Inc)

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Public Utility Holding Company Act Not Applicable. The Neither Borrower nor any Subsidiary thereof is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc)

Public Utility Holding Company Act Not Applicable. The Borrower is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Archstone Smith Operating Trust), Credit Agreement (Archstone Smith Trust), Credit Agreement (Archstone Smith Operating Trust)

Public Utility Holding Company Act Not Applicable. The Borrower is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company"”:, or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Loan and Security Agreement (Green Plains Renewable Energy, Inc.), Loan and Security Agreement (Premium Standard Farms, Inc.)

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Public Utility Holding Company Act Not Applicable. The Borrower is ------------------------------------------------- not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Archstone Communities Trust/), Credit Agreement (Security Capital Pacific Trust)

Public Utility Holding Company Act Not Applicable. The Borrower is not a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company":, or an affiliate of a "subsidiary company" of a "holding company", or a "public utility", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Loan Agreement (Andersons Inc)

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