Common use of Public Utility Holding Company Act Clause in Contracts

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Carrizo Oil & Gas Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

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Public Utility Holding Company Act. The No Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 7 contracts

Samples: Loan Agreement (Prime Medical Services Inc /Tx/), Loan Agreement (Prime Medical Services Inc /Tx/), Loan Agreement (Prime Medical Services Inc /Tx/)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ascent Pediatrics Inc), Securities Purchase Agreement (Family Christian Stores Inc), Debenture Purchase Agreement (Orion Newco Services Inc)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 4 contracts

Samples: Note Purchase Agreement (Noble Drilling Corp), Multi Year Credit Agreement (Ibp Inc), Credit Agreement (Ibp Inc)

Public Utility Holding Company Act. The Company 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," 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 (First Avenue Networks Inc), Securities Purchase Agreement (Ibasis Inc), Securities Purchase Agreement (Particle Drilling Technologies Inc/Nv)

Public Utility Holding Company Act. The Company is not a "holding company," or a "subsidiary company" of a "holding company," company or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a "public utility" ” thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Gold Resource Corp), Underwriting Agreement (Union Drilling Inc), Underwriting Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Public Utility Holding Company Act. The Company 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Convertible Note Purchase Agreement (CNH Holdings Co), Convertible Note Purchase Agreement (Cistera Networks, Inc.), Convertible Note Purchase Agreement (CNH Holdings Co)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Eagle Pacific Industries Inc/Mn)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Note Purchase Agreement (Darling International Inc), Note Purchase Agreement (Darling International Inc)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Note Purchase Agreement (Deckers Outdoor Corp), Note Purchase Agreement (Obsidian Enterprises Inc)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" , within the meaning of the Public Utility Holding Company Newco Act of 1935, as amended.

Appears in 2 contracts

Samples: Secured Loan Agreement (Boston Chicken Inc), Secured Loan Agreement (Boston Chicken Inc)

Public Utility Holding Company Act. The Company is not a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company," or an "affiliate" of a "subsidiary company" of a "holding company," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Concepts Direct Inc), Note and Warrant Purchase Agreement (St Cloud Capital Partners Lp)

Public Utility Holding Company Act. The Company 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," or a "public utilitypublic-utility company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Puretec Corp), Credit Agreement (Titan Exploration Inc)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" , within the meaning of the Public Utility Holding Company Newco Act of 1935, as amended.

Appears in 2 contracts

Samples: Secured Loan Agreement (Harrys Farmers Market Inc), Secured Loan Agreement (Progressive Food Concepts Inc)

Public Utility Holding Company Act. The Company It is not a "holding company," , an affiliate of a holding company or a "subsidiary company" 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 subject to regulation, under the meaning of the United States Public Utility Holding Company Act of 1935. In this Clause holding company, as amendedaffiliate and subsidiary company have the meanings given to them in the United States Public Utility Holding Company Act of 1935.

Appears in 2 contracts

Samples: Revolving Credit Facility (Spirent PLC), Credit Agreement (Spirent PLC)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" , within the meaning of the Public Utility Holding Company Newco Act of 1935, as amended.

Appears in 1 contract

Samples: Secured Loan Agreement (Harrys Farmers Market Inc)

Public Utility Holding Company Act. The Company It 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Keithley Instruments Inc)

Public Utility Holding Company Act. The Company If it is a U.S. Borrower, it is not 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," or a "public utility" ”, within the meaning of of, or otherwise subject to regulation under, the United States Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Facility Agreement (Tomkins PLC)

Public Utility Holding Company Act. The Company 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," or a "public utility" in each case within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Merger Agreement (Bonneville Pacific Corp)

Public Utility Holding Company Act. The In the opinion of counsel for the Company, the Company is not a "holding company," or a "subsidiary company" of a "public utility company" or 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 amendedamended (the "Holding Company Act").

Appears in 1 contract

Samples: Distribution Agreement (United Cities Gas Co)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" company within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Senior Subordinated Convertible Note Purchase Agreement (Lawson Software Inc)

Public Utility Holding Company Act. The Company 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," or a "public utility" 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: Securities Purchase Agreement (Triumph Connecticut LTD Partnership)

Public Utility Holding Company Act. The Company is not a "holding public utility company,", or an "affiliate" or a "subsidiary company" of a "public utility company", or a "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," or a "public utility" within the meaning of , as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.amended ("PUHCA"). To the best of the Company's knowledge, the Company is not an

Appears in 1 contract

Samples: Credit Agreement (Whole Foods Market Inc)

Public Utility Holding Company Act. The Company is not a ----------------------------------- "holding company,", a "public-utility 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" , in each case within the meaning of the Public Utility Holding Company Act of 1935, as amended, and the rules and regulations promulgated thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Transmontaigne Inc)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Warrant Agreement (Pw Eagle Inc)

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Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Meritor Automotive Inc)

Public Utility Holding Company Act. The Company 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Loews Cineplex Entertainment Corp)

Public Utility Holding Company Act. The Company is not a registered "holding company," or a "subsidiary company" of a "holding company,subsidiary" or an "affiliate" of a "holding company" or of a "subsidiary company" of a registered "holding company," or a "public utility" 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 (Consumers Energy Co)

Public Utility Holding Company Act. The Company It is not 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 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" ” in each case within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Patina Oil & Gas Corp)

Public Utility Holding Company Act. The Company is not a "holding company,", a "public-utility 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" , in each case within the meaning of the Public Utility Holding Company Act of 1935, as amended, and the rules and regulations promulgated thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (S a Louis Dreyfus Et Cie Et Al)

Public Utility Holding Company Act. The Company 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," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Carrizo Oil & Gas Inc)

Public Utility Holding Company Act. The Company ----------------------------------- is not 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Public Utility Holding Company Act. The Company 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," or a "public utilitypublic-utility company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Titan Exploration Inc)

Public Utility Holding Company Act. The Company 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Junior Subordinated Loan Agreement (U S Aggregates Inc)

Public Utility Holding Company Act. The Company It is not a "holding company," , an affiliate of a holding company or a "subsidiary company" 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 subject to regulation, under the meaning of the United States Public Utility Holding Company Act of 1935. In this Clause “holding company”, as amended“affiliate” and “subsidiary company” have the meanings given to them in the United States Public Utility Holding Company Act of 1935.

Appears in 1 contract

Samples: Facility Agreement (Spirent PLC)

Public Utility Holding Company Act. The Company 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," or an “affiliate” of a "public utility" “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 (Liquidmetal Technologies Inc)

Public Utility Holding Company Act. The Company is not 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," or a "public utility" company within the meaning of the Public Utility Holding Company Act of 19351940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Best Buy Co Inc)

Public Utility Holding Company Act. The Company DEVELOPER is not 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," or a "public utility" , within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Secured Loan Agreement (Einstein Noah Bagel Corp)

Public Utility Holding Company Act. The Company is not a "holding company," or an "affiliate" of a "holding company", or a "subsidiary company" of a "holding company," or an "affiliate" , as each of a "holding company" or of a "subsidiary company" of a "holding company," or a "public utility" within the meaning of such quoted terms is used in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

Public Utility Holding Company Act. The Company 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," or a "public utility" 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: Series C Preferred Stock Purchase Agreement (Velocom Inc)

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