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 (Fm Properties Inc), Credit Agreement (Sanfilippo John B & Son 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 3 contracts

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

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 No 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 (Allied Defense Group Inc), Revolving Credit Agreement (Cross Continent Auto Retailers Inc M&l)

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.)

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 (Columbus Energy Corp), Credit Agreement (Infinity 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.. 4.13

Appears in 2 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties 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 2 contracts

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