Common use of Public Utility Holding Company Act Clause in Contracts

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 a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to time.

Appears in 3 contracts

Samples: Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc)

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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 from time to timeamended.

Appears in 3 contracts

Samples: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)

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 from time to timeamended.

Appears in 3 contracts

Samples: Loan Agreement (Mity Enterprises Inc), Revolving Loan Agreement (Del Webb Corp), Revolving Loan Agreement (Del Webb 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 the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 3 contracts

Samples: Credit Agreement (Ohio Casualty Corp), Credit Agreement (Finish Line Inc /De/), Credit Agreement (Finish Line Inc /De/)

Public Utility Holding Company Act. Neither the Borrower Borrower, nor the Parent Entities, 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 from time to timeamended.

Appears in 3 contracts

Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)

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 from time to time.

Appears in 3 contracts

Samples: Credit Agreement (Bingham Financial Services Corp), Credit Agreement (Input Output Inc), Credit Agreement (Bingham Financial Services 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 the Public Utility Holding Company Act of 1935, as amended from time to time.

Appears in 3 contracts

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Resource Partners Limited Partnership), Credit Agreement (Freeport McMoran 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 a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Borrower Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Imperial Financial Group Inc), Credit Agreement (Imperial Financial Group 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,” company or an "affiliate" of a holding company” company or a “subsidiary company” of a subsidiary company of a holding company” company within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)

Public Utility Holding Company Act. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Mediacom LLC), Credit Agreement (Mediacom Capital Corp)

Public Utility Holding Company Act. Neither the Borrower such Borrowing Subsidiary nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 2 contracts

Samples: Senior Revolving Credit Agreement (Enesco Group Inc), Senior Revolving Credit Agreement (Enesco Group 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", or a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Mission Resources Corp), Term Loan Agreement (Mission Resources Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is an "electric utility company" or an "associate company" of the Borrower is a “holding an "electric utility company,” " or a “subsidiary "non-utility associate company" of a “holding an "electric utility company,” " or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company” "electric utility" within the meaning of the Public Utility Holding Company Act of 19352005, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Home Solutions of America Inc), Loan Agreement (Home Solutions of America 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 from time to time.

Appears in 2 contracts

Samples: Credit Agreement (Dwyer Group Inc), Credit Facility Agreement (CCC Information Services Group 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 a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Lee Sara Corp), 364 Day Bridge Competitive Advance and Revolving Credit Facility Agreement (Lee Sara 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Clark Inc), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)

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 holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Senior Revolving Credit Agreement (Enesco Group Inc), Senior Revolving Credit Agreement (Enesco Group Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Significant Subsidiary of the Borrower is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Corp)

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Hci Direct 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 “registered holding company” or a “subsidiary company” of a “registered holding company”, or an “affiliate” of a “registered holding company” or of a “subsidiary company” of a “registered holding company”, within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

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

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary of the Borrower its Subsidiaries is a "holding company," or a "subsidiary company" of a "holding com pany," or an "affiliate" of a "holding company" or of a "subsidiary company" of 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (U S a Floral Products Inc), Credit Agreement (Alliance Imaging of Michigan Inc)

Public Utility Holding Company Act. Neither the Borrower Company 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (United Rentals Inc), Credit Agreement (Elgin National Industries 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 a “subsidiary company” of a “holding company”, or an “affiliateof a “holding company” or of a “subsidiary company” of a “holding company”, within the meaning of the Public Utility Holding Company Act of 19352005, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Barry R G Corp /Oh/), Credit Agreement (Barry R G Corp /Oh/)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower ---------------------------------- 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Mediacom LLC), Credit Agreement (Mediacom LLC)

Public Utility Holding Company Act. Neither of the Borrower Borrowers 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," or a “subsidiary company” of a “holding company” "public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Senior Credit Agreement (Quest Resource Corp), Senior Credit Agreement (Quest Resource Corp)

Public Utility Holding Company Act. Neither the Borrower it 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 from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (National Golf Properties Inc), Revolving Credit Agreement (National Golf Properties Inc)

Public Utility Holding Company Act. Neither the No Borrower nor any and no Subsidiary of the any 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 from time to timeamended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Huntsman Petrochemical Finance Co), Revolving Credit Agreement (Huntsman LLC)

Public Utility Holding Company Act. Neither the Borrower Borrowers nor any Subsidiary of the Borrower 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 the Public Utility Holding Company Act of 1935, as amended from time to time.

Appears in 2 contracts

Samples: Credit Agreement (Bogen Communications International Inc), Credit Agreement (Bogen Communications International Inc)

Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary of the any 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 from time to timeamended.

Appears in 2 contracts

Samples: Loan Agreement (Day Runner Inc), Revolving Loan Agreement (Day Runner Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower formed following the Borrower Closing Date 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 from time to timeamended.

Appears in 2 contracts

Samples: Reducing Revolving Loan Agreement (Station Casinos Inc), 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended, and the Form U-3A-2/A of Guarantor filed with the Securities and Exchange Commission on August 23, 2004 was filed in good faith.

Appears in 2 contracts

Samples: Credit Agreement (Vectren Corp), Credit Agreement (Vectren 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 the Public Utility Holding Company Act of 1935, as amended from time to timeamended, any rule or regulation promulgated thereunder or any order or interpretation of the SEC issued pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, 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”, or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 2 contracts

Samples: Credit Agreement (Arena Resources Inc), Credit Agreement (Arena Resources Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary ---------------------------------- of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Loan Agreement (MGM Grand Inc)

Public Utility Holding Company Act. Neither None of the Borrower Borrowers 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Bancinsurance Corp)

Public Utility Holding Company Act. Neither the No 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 a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 19352005, as amended from time to timeamended.

Appears in 1 contract

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

Public Utility Holding Company Act. Neither the any 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," or a “subsidiary "public-utility company” of a “holding company” " within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Ellora Energy Inc)

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

Appears in 1 contract

Samples: Exim Guaranteed Loan Agreement (Horizon Offshore Inc)

Public Utility Holding Company Act. Neither of the Borrower nor Borrowers or 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," or a “subsidiary company” of a “holding company” "public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Quest Resource 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," or a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act Act; of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (National Energy Group Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary None of the Borrower Borrowers 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Mediacom Communications Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is a "holding company,” ", or a "subsi- diary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of 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 from time to timeamended.

Appears in 1 contract

Samples: Loan Agreement (Circus Circus Enterprises 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", or a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Construction Loan Agreement (Newmark Homes Corp)

Public Utility Holding Company Act. Neither of the Borrower Borrowers 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Inland Retail Real Estate Trust Inc)

Public Utility Holding Company Act. Neither the a 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,” or a “public-utility company” within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Energy Resources 12, L.P.)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 from time to time.amended. <PAGE>

Appears in 1 contract

Samples: Credit Agreement (Meredith 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 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 from time to timeamended.

Appears in 1 contract

Samples: Loan Agreement (Dgse Companies Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Resources Inc\mn)

Public Utility Holding Company Act. Neither the Borrower Company ---------------------------------- 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 from time to timeamended.

Appears in 1 contract

Samples: Revolving Credit Agreement (International Lease Finance Corp)

Public Utility Holding Company Act. Neither the Borrower ---------------------------------- nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Increasing Rate Note Purchase and Loan Agreement (Wyndham International 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 from time to time.

Appears in 1 contract

Samples: Credit Agreement (Freeport McMoran Sulphur Inc)

Public Utility Holding Company Act. Neither Holding, the Borrower nor any Subsidiary of the Borrower Borrower’s 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Jorgensen Earle M Co /De/)

Public Utility Holding Company Act. Neither the any 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 a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Public, Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Transcoastal Marine Services 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended. 5.19. [Reserved].

Appears in 1 contract

Samples: Credit Agreement (Bio Rad Laboratories Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary ---------------------------------- of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Waters Corp /De/)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Subordinated Promissory Note (United Fuel & Energy Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary ---------------------------------- of the Borrower its Consolidated Entities 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Physicians Quality Care Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower ---------------------------------- 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", in each case within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Revolving Loan Agreement (Wild Oats Markets Inc)

Public Utility Holding Company Act. Neither the Borrower nor ---------------------------------- any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (HCC Industries International)

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

Appears in 1 contract

Samples: Credit Agreement (Jason 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,” or a Revolving Credit Agreement – Page 52 “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wca Waste Corp)

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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,” or an “affiliate” of a “holding company” " or a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Brown Tom Inc /De)

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 from time to timeamended. 5.

Appears in 1 contract

Samples: Credit Agreement (Seitel Inc)

Public Utility Holding Company Act. Neither the Borrower ---------------------------------- nor any Subsidiary of the Borrower 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Premier Parks Inc)

Public Utility Holding Company Act. Neither the Borrower Assignee 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 from time to timeamended.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Certegy Inc)

Public Utility Holding Company Act. Neither the Borrower Borrowers nor any Significant Subsidiary of the Borrower is a “holding company,” or a “subsidiary company” of a “holding company,” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Protective Life Insurance Co)

Public Utility Holding Company Act. Neither the Borrower nor any ---------------------------------- Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Money Store Inc /Nj)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties 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 a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Learningstar Inc)

Public Utility Holding Company Act. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower ---------------------------------- 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Mediacom Communications 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 from time to timeamended.

Appears in 1 contract

Samples: Bridge Credit Agreement (Patterson Dental Co)

Public Utility Holding Company Act. Neither the No Borrower nor or any Subsidiary of the a 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 from time to timeamended.

Appears in 1 contract

Samples: Loan Agreement (Source Information Management Co)

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 a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to time.44

Appears in 1 contract

Samples: Credit Agreement (Ezcorp 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 a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended. Section 9.20.

Appears in 1 contract

Samples: Loan Agreement (Pizza Inn Inc /Mo/)

Public Utility Holding Company Act. Neither the Borrower Holding 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 a “subsidiary company” of a “holding company” "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Jotan Inc)

Public Utility Holding Company Act. Neither of the Borrower Borrowers 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 from time to time.amended. 5.16

Appears in 1 contract

Samples: Credit Agreement (Inland Retail Real Estate Trust 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 a “subsidiary company” of a “holding companypublic utility” within the meaning of the Public Utility Holding Company Act of 19352005, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Ezcorp 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 a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to time.an

Appears in 1 contract

Samples: Unsecured Revolving Credit Agreement (Susa Partnership Lp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 the Public Utility Holding Company Act of 1935, as amended from time to time.

Appears in 1 contract

Samples: Credit Agreement (Mechanical Technology Inc)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower is a "holding company,” ", or a "subsidiary company" or "affiliate" of 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 from time to timeamended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Dingley Press, Inc.)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Ducommun Inc /De/)

Public Utility Holding Company Act. Neither None of the Parent, 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Public Utility Holding Company Act. Neither None of the Borrower nor Borrowers or any Subsidiary of any of the Borrower Borrowers 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties Inc)

Public Utility Holding Company Act. Neither None of the Borrower Borrowers nor any Subsidiary ---------------------------------- of the Borrower 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 a “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Mediacom Broadband 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," or a “subsidiary company” of a “holding company” "public utility" within the meaning of of, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (St Mary Land & Exploration Co)

Public Utility Holding Company Act. Neither the None of Borrower, Co-Borrower nor or 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 from time to time.

Appears in 1 contract

Samples: Credit Agreement (5.11 Abr 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 43 51 a "holding company" or of a "subsidiary company" 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (U S Home Corp /De/)

Public Utility Holding Company Act. Neither Holding, the Borrower nor ---------------------------------- any Subsidiary of the Borrower Borrower's 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Jorgensen Earle M Co /De/)

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 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 19352005, as amended from time to timeamended.

Appears in 1 contract

Samples: Loan Agreement (Vertical Capital Income Fund)

Public Utility Holding Company Act. Neither the ---------------------------------- Borrower nor any Guarantor or 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 from time to timeamended.

Appears in 1 contract

Samples: Term Loan Credit Agreement (JDN Realty Corp)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower thereof 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 “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hagler Bailly 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

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

Appears in 1 contract

Samples: Credit Agreement (Vectren Utility Holdings Inc)

Public Utility Holding Company Act. Neither the No Borrower nor or 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 a “subsidiary company” of a “holding company”, or an “affiliateof 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 from time to timeamended.

Appears in 1 contract

Samples: Term Loan Agreement (Guild Holdings Co)

Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Ducommun Inc /De/)

Public Utility Holding Company Act. Neither the Borrower Company 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Global Industrial Technologies Inc)

Public Utility Holding Company Act. Neither Holding, the ---------------------------------- Borrower nor any Subsidiary of the Borrower Borrower's 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 from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Jorgensen Earle M Co /De/)

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 a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to time.50

Appears in 1 contract

Samples: Credit Agreement (Luiginos Inc)

Public Utility Holding Company Act. Neither the Borrower Company nor any the Subsidiary of the Borrower 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 “subsidiary company” of a “holding company” ", within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (International Paper Co /New/)

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”, or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended from time to timeamended.

Appears in 1 contract

Samples: Credit Agreement (Parallel Petroleum Corp)

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