Common use of Public Utility Holding Company Act Clause in Contracts

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

Appears in 22 contracts

Samples: Security Agreement (Panavision Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Gatx Capital Corp)

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Public Utility Holding Company Act. Neither the Borrower Company nor any 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 15 contracts

Samples: Credit Agreement (Wellman Inc), Credit Agreement (Glatfelter P H Co), Credit Agreement (Wellman Inc)

Public Utility Holding Company Act. Neither the The Borrower nor any of its Subsidiaries is not 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 15 contracts

Samples: Assignment and Assumption (Arch Capital Group LTD), Credit Agreement (Microchip Technology Inc), Credit Agreement (Knight Transportation Inc)

Public Utility Holding Company Act. Neither the Borrower nor any 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: Credit Agreement (Omnicare Inc), Credit Agreement (Superior Energy Services Inc), Credit Agreement (Omnicare Inc)

Public Utility Holding Company Act. Neither the Borrower Corporation nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or 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: Amended And (Ramsay Health Care Inc), Subscription Agreement (Ramsay Health Care Inc), Amended and Restrated Subscription Agreement (Ramsay Health Care Inc)

Public Utility Holding Company Act. Neither None of the Borrower nor any of Company or its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or 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: Credit Agreement (Iron Mountain Inc /De), Credit Agreement (Iron Mountain Inc /De), Credit Agreement (Iron Mountain Inc/Pa)

Public Utility Holding Company Act. Neither the Borrower Borrower, any Guarantor nor any Subsidiary is a "holding company", or a "subsidiary company" of its Subsidiaries is 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 (Gables Residential Trust), Credit Agreement (Gables Realty Limited Partnership), Reimbursement Agreement (Gables Realty Limited Partnership)

Public Utility Holding Company Act. Neither the Borrower nor any 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 (Star Buffet Inc), Credit Agreement (Checkers Drive in Restaurants Inc /De), Credit Agreement (Star Buffet Inc)

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

Appears in 6 contracts

Samples: Credit Agreement (Equity Corp International), Credit Agreement (Maxxim Medical Inc), Credit Agreement (Carriage Services Inc)

Public Utility Holding Company Act. Neither the Borrower nor any 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 (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/), Credit Agreement (BMC Industries Inc/Mn/)

Public Utility Holding Company Act. Neither the Borrower nor any 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 (Omnicom Group Inc), Credit Agreement (Titanium Metals Corp), Credit Agreement (Noveon Inc)

Public Utility Holding Company Act. Neither the Borrower Parent nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or 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 (Commonwealth Industries Inc/De/), Credit Agreement (International Paper Co /New/), Conformed And (International Paper Co /New/)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is 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 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), Assignment Agreement (Duriron Co Inc), Credit Agreement (Gaylord Entertainment Co /De)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is not 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 3 contracts

Samples: Credit Agreement (Todd Ao Corp), Pledge Agreement (Todd Ao Corp), Credit Agreement (Liberty Media Corporation)

Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or any of its their respective 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 3 contracts

Samples: Credit Agreement (Williams Scotsman Inc), Credit Agreement (Mobile Field Office Co), Credit Agreement (Williams Scotsman Inc)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is not a "holding company", or an "affiliate" of a "holding company," or a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Credit Agreement (International Shipholding Corp), Loan Agreement (Omni Energy Services Corp), Loan Agreement (Emerging Alpha Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is a "holding company", or a "subsidiary company" of its Subsidiaries is 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 3 contracts

Samples: Credit Agreement (Bingham Financial Services Corp), Credit Agreement (Bingham Financial Services Corp), Credit Agreement (Input Output Inc)

Public Utility Holding Company Act. Neither the General Partner, the Borrower nor any 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 The Borrower nor any is not a "holding company" or a "subsidiary company" of its Subsidiaries is 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 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Northland Cable Properties Four LTD Partnership), Agreement (Computer Products Inc)

Public Utility Holding Company Act. Neither the Borrower Company nor any 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: Stock Purchase Agreement (CML Group Inc), Securities Purchase Agreement (Polyphase Corp), Agreement and Plan of Merger (Santos International Holdings Pty Ltd.)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries other Loan Party is a "holding company", or " nor an "affiliate" of a "holding company" or 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 (Serologicals Corp), Credit Agreement (Serologicals Corp)

Public Utility Holding Company Act. Neither None of the Borrower nor Borrowers or any of its their 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 (Alliance Resources PLC), Credit Agreement (American Rivers Oil Co /De/)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is a "holding companyHOLDING COMPANY," or a ", or an "affiliateSUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," or a an "subsidiary companyAFFILIATE" of a "holding companyHOLDING 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 (Palex Inc), Credit Agreement (York Group Inc \De\)

Public Utility Holding Company Act. Neither the Borrower nor any 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 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 Seller nor any 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Enron Capital & Trade Resources Corp), Stock Purchase Agreement (Sheridan Energy Inc)

Public Utility Holding Company Act. Neither the Borrower Company nor any 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," or a ", public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Global Credit Agreement (Ocean Energy Inc), Global Credit Agreement (Ocean Energy Inc)

Public Utility Holding Company Act. Neither the The Borrower nor any is not a "holding company" or a "subsidiary company" of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", " within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended from time to time.

Appears in 2 contracts

Samples: Credit Agreement (Ansoft Corp), Credit Agreement (Ansoft Corp)

Public Utility Holding Company Act. Neither the The Borrower nor any of its Subsidiaries is a "holding company", or an "affiliate" of not a "holding company" or a "subsidiary company" of a "holding company" or an ", affiliate" 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: Loan Agreement (Geoscience Corp), Loan Agreement (Geoscience Corp)

Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary of its Subsidiaries 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/), Day Credit Agreement (Nationwide Financial Services Inc/)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries 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 a "public utility" within the meaning of the Public Utility Holding Borrower Company Act of 1935, as amended.

Appears in 2 contracts

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

Public Utility Holding Company Act. Neither None of the Borrower nor any of its or the Subsidiaries 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 a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Drypers Corp), Credit Agreement (Pride Petroleum Services Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Misys PLC)

Public Utility Holding Company Act. Neither the Borrower nor any Owned Person is a "holding company" or a "subsidiary company" of its Subsidiaries is 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 None of the Borrower nor or any 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: Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp)

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

Appears in 1 contract

Samples: Loan Agreement (Emap PLC)

Public Utility Holding Company Act. Neither the Borrower nor any 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 nor any of its it Subsidiaries is a "holding companyHOLDING COMPANY," or a ", or an "affiliateSUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," or a an "subsidiary companyAFFILIATE" of a "holding companyHOLDING 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 (York Group Inc \De\)

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

Appears in 1 contract

Samples: Credit Agreement (Transcoastal Marine Services Inc)

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

Appears in 1 contract

Samples: Credit Facility Agreement (At&t Latin America Corp)

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

Appears in 1 contract

Samples: Warrant Agreement (Nuco2 Inc /Fl)

Public Utility Holding Company Act. Neither the Borrower General Partner, any of the Borrowers nor any of its 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 nor any of its the Borrower's Subsidiaries is an "affiliate" or a "subsidiary company" of a "public utility company," or a "holding company", ," or an "affiliate" of a "holding company" or 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 None of the Borrower nor any of or its Subsidiaries 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 definitions 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 None of the Borrower nor any of its their respective Restricted Subsidiaries 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 (TAL International Group, Inc.)

Public Utility Holding Company Act. Neither the Borrower Holding nor any 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: Credit Agreement (Hydrochem Industrial Services Inc)

Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries is are 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: Escrow Agreement (Outsource International Inc)

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

Appears in 1 contract

Samples: Credit Facility Agreement (At&t Latin America Corp)

Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries 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: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)

Public Utility Holding Company Act. Neither None the Borrower nor any Borrowers is a "holding company" or a "subsidiary company" of its Subsidiaries is 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 (Alliance Resources PLC)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries 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", 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 (Rehabilicare Inc)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries the General Partner is a "holding company," or a ", 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 either Guarantor is a "holding company" or a "subsidiary company" of its Subsidiaries is 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 Agreement (Great Lakes Reit)

Public Utility Holding Company Act. Neither the Borrower nor any other Loan Party is a "holding company", or a "subsidiary company" of its Subsidiaries is 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: Subordinated Note Purchase Agreement (Clayton Holdings Inc)

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries 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 the Borrower nor any of its Subsidiaries is a "holding company", ," or an "affiliate" of a "holding company" or 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 Agreement (Hawaiian Airlines Inc/Hi)

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

Appears in 1 contract

Samples: Armstrong World Industries Inc

Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is a (a) an "holding investment company"" as defined in, or an "affiliate" subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or a "subsidiary company" of a "holding company"subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: At&t Corp

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries 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 None of the Borrower nor any of its their respective Subsidiaries 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 (TAL International Group, Inc.)

Public Utility Holding Company Act. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or 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 (Canadian Forest Oil LTD)

Public Utility Holding Company Act. Neither the No Borrower nor any of its Subsidiaries is a "holding company", " or an "affiliate" of a "holding company" or 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 and Security Agreement (Rhythms Net Connections Inc)

Public Utility Holding Company Act. Neither the Borrower Borrower, the Company nor any of its their Subsidiaries 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 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 of its Subsidiaries is not a "holding company", or an "affiliate" of a "holding company" or 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 Agreement (New Valley Corp)

Public Utility Holding Company Act. Neither the The Borrower nor any of its Subsidiaries is not a "holding company", or an "affiliate" of a "holding company" or 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 Agreement (Airline Investors Partnership Lp)

Public Utility Holding Company Act. Neither the Borrower nor any 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 the Borrower nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or 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)

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