Common use of Public Utility Holding Company Act Clause in Contracts

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 133 contracts

Samples: Credit Agreement (Franklin Covey Co), Credit Agreement (Cimarex Energy Co), Credit Agreement (Inland Real Estate Corp)

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Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 39 contracts

Samples: Credit Agreement (Callon Petroleum Co), Credit Agreement (Brigham Exploration Co), Credit Agreement (Castle Dental Centers Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 28 contracts

Samples: Credit Agreement (Stancorp Financial Group Inc), Credit Agreement (Nash Finch Co), Credit Agreement (Datron Systems Inc/De)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 27 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Rli Corp), Credit Agreement (Torchmark Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 26 contracts

Samples: Credit Agreement (Magnum Hunter Resources Inc), Loan Agreement (Pizza Inn Inc /Mo/), Loan Agreement (T-3 Energy Services Inc)

Public Utility Holding Company Act. Neither the Borrower Holdings nor any Subsidiary of its Subsidiaries is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 16 contracts

Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Dole Food Company Inc), Debt Agreement (American Pad & Paper Co)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 14 contracts

Samples: 364 Day Credit Agreement (Omnicare Inc), Credit Agreement (Unifab International Inc), Credit Agreement (Esenjay Exploration Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 13 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 12 contracts

Samples: 5 Year Revolving Credit Agreement (Mead Corp), Credit Agreement (Qad Inc), Revolving Credit Agreement (BDM International Inc /De)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 12 contracts

Samples: Senior Revolving Credit Agreement (Petrohawk Energy Corp), Second Lien Term Loan Agreement (Petrohawk Energy Corp), Credit Agreement (Gulfwest Energy Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 9 contracts

Samples: Annual Report, Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 9 contracts

Samples: Credit Agreement (Nelnet Inc), Loan Agreement (Penson Worldwide Inc), Credit Agreement (Nelnet Inc)

Public Utility Holding Company Act. Neither the Borrower Corporation nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 8 contracts

Samples: Subscription Agreement (Ramsay Health Care Inc), Subscription Agreement (Ramsay Health Care Inc), Subscription Agreement (Ramsay Health Care Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Restricted Subsidiary is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 7 contracts

Samples: Revolving Loan Agreement (Mandalay Resort Group), Capital Markets Term Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 6 contracts

Samples: Credit Agreement (West Bancorporation Inc), Credit Agreement (Otter Tail Corp), Credit Agreement (Norstan Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Consolidated Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 6 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Star Buffet Inc), Credit Agreement (Checkers Drive in Restaurants Inc /De)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" ,” or a "subsidiary company" of a "holding company", ,” or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ,” or a “public utility” within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 6 contracts

Samples: Senior Revolving Credit Agreement (Rosetta Resources Inc.), Credit Agreement (Plains Exploration & Production Co), Credit Agreement (St Mary Land & Exploration Co)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Gaylord Container Corp /De/), Credit Agreement (Noveon Inc), Credit Agreement (Titanium Metals Corp)

Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Senior Unsecured Revolving Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Cabelas Inc), Credit Agreement (Cabelas Inc)

Public Utility Holding Company Act. Neither the Borrower -------------------------------------- nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Us Energy Corp), Credit Agreement (Crested Corp), Credit Agreement (Us Energy Corp)

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Gardner Denver Inc), Interim Credit Agreement (Gardner Denver Inc), Credit Agreement (Torchmark Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" ,” or a "subsidiary company" of a "holding company", ,” or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ,” or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Penn Virginia Corp), Credit Agreement (Penn Virginia Corp), Senior Subordinated Credit Agreement (Brown Tom Inc /De)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" "' or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc), Credit Agreement (Schlotzskys Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", ,” or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ,” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Shaw Group Inc), Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Shaw Group Inc)

Public Utility Holding Company Act. Neither the No Borrower nor or any Subsidiary thereof is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Loan Agreement (Sports Club Co Inc), Loan Agreement (Sports Club Co Inc), Loan Agreement (Sports Club Co Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Interphase Corp)

Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit and Security Agreement (Premiumwear Inc), Credit and Security Agreement (Primegg LTD), Credit and Security Agreement (Lifecore Biomedical Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)

Public Utility Holding Company Act. Neither the Borrower any of Borrowers nor any Subsidiary Guarantor is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Loan Agreement (Station Casinos Inc), Term Loan Agreement (Station Casinos Inc), Reducing Revolving Loan Agreement (Station Casinos Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary of its Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Valspar Corp), 364 Day Credit Agreement (Valspar Corp), Note Purchase Agreement (Athens Holdings Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Elder Beerman Stores Corp), Credit Agreement (Elder Beerman Stores Corp), Credit Agreement (Elder Beerman Stores Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Pioneer Standard Electronics Inc), Credit Agreement (Duriron Co Inc)

Public Utility Holding Company Act. Neither the Borrower Seller nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Enron Capital & Trade Resources Corp), Securities Purchase Agreement (Brigham Exploration Co), Securities Purchase Agreement (Brigham Holdings Ii LLC)

Public Utility Holding Company Act. Neither the General Partner, the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliateaffil- iate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Loan Agreement (Anchor Gaming), Loan Agreement (Richey Electronics Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Borrower Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Oreilly Automotive Inc), Credit Agreement (Firstmerit Corp /Oh/)

Public Utility Holding Company Act. Neither the Borrower it nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Duke Weeks Realty Limited Partnership), Revolving Credit Agreement (Duke Weeks Realty Limited Partnership)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company," or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company," or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.an

Appears in 2 contracts

Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Delphi Financial Group Inc/De)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding companyHOLDING COMPANY," or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company", HOLDING COMPANY," or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY" or of a "subsidiary companySUBSIDIARY COMPANY" of a "holding company", HOLDING COMPANY," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (York Group Inc \De\), Credit Agreement (Palex Inc)

Public Utility Holding Company Act. Neither the Borrower Lessee nor any Subsidiary is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Purchase and Master Lease Agreement (Novellus Systems Inc), Purchase and Master Lease Agreement (Novellus Systems Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Chemed Corp), Credit Agreement (Roto-Rooter Inc)

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding company" or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (American Health Properties Inc), Credit Agreement (American Health Properties Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Restricted Subsidiaries is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (About, Inc.), Credit Agreement (Primedia Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Callon Petroleum Co), Senior Unsecured Credit Agreement (Callon Petroleum Co)

Public Utility Holding Company Act. Neither the Borrower any Borrower, Guarantor nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary companypublic utility" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Loan Agreement (Horizon Offshore Inc), Loan Agreement (Horizon Offshore Inc)

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Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary of Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Sensormatic Electronics Corp), Revolving Credit Agreement (Sensormatic Electronics Corp)

Public Utility Holding Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Pilgrim Capital Corp), Credit Agreement (Pilgrim America Capital Corp)

Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (MPW Industrial Services Group Inc), Credit Agreement (MPW Industrial Services Group Inc)

Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/)

Public Utility Holding Company Act. Neither Parent, the Borrower nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (National Coal Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.. CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Panavision Inc)

Public Utility Holding Company Act. Neither the No Borrower nor and no Subsidiary of any Subsidiary Borrower is a "holding company," or a "subsidiary company" of a "holding company", ," or an 86 "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Huntsman Polymers Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary Owned Person is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Tc Pipelines Lp)

Public Utility Holding Company Act. Neither the Borrower Lessee nor any Subsidiary of its Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Participation Agreement (Station Casinos Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" ”, or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.. C-203MMB_ALL.docx (Rev. 02/22) -12-

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary of their respective Restricted Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower's Subsidiaries is an "affiliate" or a "subsidiary company" of a "public utility company," or a "holding company," or an "affiliate" or a "subsidiary company" of a "holding company", or an "affiliate," of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Equalnet Holding Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary the General Partner is a "holding company," or a "subsidiary Subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary Subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Evans Withycombe Residential Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary Parent is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (St Joe Co)

Public Utility Holding Company Act. Neither None of the Borrower nor Borrowers or any Subsidiary is a "holding company" ", or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Loan and Security Agreement (Opinion Research Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company," or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Credit Agreement (LNR Property Corp)

Public Utility Holding Company Act. Neither the Borrower Group nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (American Medical Security Group Inc)

Public Utility Holding Company Act. Neither the No Borrower nor any or Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (California Community Bancshares Inc)

Public Utility Holding Company Act. Neither the Parent, the Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" ", or of a "subsidiary 47 company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Credit Agreement (United Stationers Supply Co)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary either Guarantor is a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Bridge Loan Agreement (Great Lakes Reit)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of it Subsidiaries is a "holding companyHOLDING COMPANY," or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company", HOLDING COMPANY," or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY" or of a "subsidiary companySUBSIDIARY COMPANY" of a "holding company", HOLDING COMPANY," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (York Group Inc \De\)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company" or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate," of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Midway Games Inc)

Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary is a "holding company" or a "subsidiary company" of a "holding company", " or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.50

Appears in 1 contract

Samples: Credit Agreement (Transcoastal Marine Services Inc)

Public Utility Holding Company Act. Neither the Borrower Borrower, the Company nor any Subsidiary of their Subsidiaries is 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", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Security Capital Corp/De/)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is a "holding company" or a "subsidiary company" of a "holding company", company or an "affiliate" of a "holding company" company or of a "subsidiary company" company of a "holding company", company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Rehabilicare Inc)

Public Utility Holding Company Act. Neither the Borrower General Partner, any of the Borrowers nor any Subsidiary of the Subsidiaries is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Amli Residential Properties Trust)

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a ", public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Senior Subordinated Credit and Guaranty Agreement (Bill Barrett Corp)

Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is a "holding company" , or a "subsidiary company" company of a "holding company", or an "affiliate" , of a "holding company" company or of a "subsidiary company" company of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Loan and Credit Agreement (Chicago Title Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (K Tron International Inc)

Public Utility Holding Company Act. Neither Parent, the Borrower Company nor any Subsidiary is a "holding company" ", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Capital Environmental Resource Inc)

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