Common use of Public Utility Holding Company Act Clause in Contracts

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Carson Inc), Credit Agreement (Ivax Corp /De), Credit Agreement (Carson Inc)

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Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Generac Portable Products Inc), Credit Agreement (Appliance Warehouse of America Inc), Credit Agreement (FSC Semiconductor Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective nor any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Vantas Inc), Credit Agreement (Reckson Services Industries Inc), Credit Agreement (Moovies Inc)

Public Utility Holding Company Act. None of Parent, Holdings, the Borrower or nor any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Capstar Broadcasting Partners Inc), Credit Agreement (Capstar Radio Broadcasting Partners Inc), Credit Agreement (Capstar Broadcasting Corp)

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Mbia Inc), Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower Company or their respective Subsidiaries is, or will be after giving effect to any of the transactions contemplated hereby, Approved Borrowers 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 3 contracts

Samples: Credit Agreement (International Paper Co /New/), 364 Day Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries isany of the other Obligors is a “holding company”, or will be after giving effect to the transactions contemplated hereby, a "“subsidiary company” of a “holding company," ”, or a "subsidiary company" an “affiliate” 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 (California Steel Industries Inc), Credit Agreement (New Horizons Worldwide Inc), Credit Agreement (Keystone Automotive Industries Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower Company or their respective Subsidiaries isany Subsidiary is a “holding company”, or will be after giving effect to the transactions contemplated hereby, a "“subsidiary company” of a “holding company," ”, or a "subsidiary company" an “affiliate” 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 (Avago Technologies LTD), Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

Public Utility Holding Company Act. None Neither the Existing Borrower nor any of Holdings, the Borrower or their respective its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.)

Public Utility Holding Company Act. None of Neither Holdings, the Borrower or nor any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Huntsman International LLC), Credit Agreement (Tioxide Americas Inc)

Public Utility Holding Company Act. None of HoldingsCommunications, the Borrower or their respective any of the Borrower's Restricted Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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: Term Loan Agreement (Acg Holdings Inc), Term Loan Agreement (Sullivan Graphics Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower Holdings or their respective any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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: Second Lien Credit Agreement (EnerSys), Credit Agreement (EnerSys)

Public Utility Holding Company Act. None of Holdings, the ---------------------------------- Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Graphic Controls Corp), Credit Agreement (Graphic Controls Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective ---------------------------------- the Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, is a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company,public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

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

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower or their respective Subsidiaries isis a “holding company”, or will be after giving effect to the transactions contemplated hereby, a "“subsidiary company” of a “holding company," ”, or a "subsidiary company" an “affiliate” of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of ”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Borrowers nor any of its Subsidiaries isis a “holding company”, or will be after giving effect to the transactions contemplated hereby, an “affiliate” of a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," ”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

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

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Holdings nor any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Ubiquitel Inc), Credit Agreement (Firstlink Communications Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (R&b Falcon Corp), Credit Agreement (R&b Falcon Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Trump Hotels & Casino Resorts Funding Inc), Credit Agreement (Trumps Castle Funding Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries isBorrowers is a "public utility company, or will be after giving effect to the transactions contemplated hereby, a an "holding companyaffiliate," or a "subsidiary company of a "public utility company," of or a "holding company," or an "affiliate" or a "subsidiary company" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Kerr McGee Corp), Revolving Credit Agreement (Kerr McGee Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective any of its Subsidiaries isis a “holding company” or a “subsidiary company” of a “holding company”, or will be after giving effect to the transactions contemplated hereby, 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: 364 Day Credit Agreement (Cooper Cameron Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Holdings and any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Golden Sky Systems Inc)

Public Utility Holding Company Act. None of Holdings, Parent, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Howmet Corp /New/)

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Richardson Electronics LTD/De)

Public Utility Holding Company Act. None of Holdings, the Borrowers nor any entity in which any Borrower or their respective Subsidiaries is, or will be after giving effect to owns the transactions contemplated hereby, controlling interest 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 1 contract

Samples: Loan Agreement (Chancellor Group Inc/)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Holdings nor any of ---------------------------------- its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Physician Health Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Holley Performance Products Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective any of the Borrower's Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Acg Holdings Inc)

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Public Utility Holding Company Act. None of Holdings, the ---------------------------------- Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Carson Products Co)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, nor any Subsidiary is a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," or a "public utility" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Loan and Warrant Agreement (Doane Pet Care Co)

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Pioneer Standard Electronics Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective its Subsidiaries is, is a “holding company” or will be after giving effect to the transactions contemplated hereby, a "“subsidiary company” of a “holding company," or a "subsidiary company" an “affiliate” 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. None of Holdingsthe Borrower, the Borrower or Holdings nor any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Ubiquitel Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries isis a “holding company”, or will be after giving effect to the transactions contemplated hereby, a "“subsidiary company” of a “holding company," ”, or a "subsidiary company" an “affiliate” 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 (Williams Scotsman International Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective any of its Material Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, is a "holding company," or an "affiliate" or 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 each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Subordinated Credit Agreement (National Steel Corp)

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower their Subsidiaries is a “holding company” or their respective Subsidiaries isa “subsidiary company” of a “holding company”, or will be after giving effect to the transactions contemplated hereby, 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: Revolving Credit Agreement (Richardson Electronics LTD/De)

Public Utility Holding Company Act. None of Holdings, the Borrowers nor any entity in which any Borrower or their respective Subsidiaries is, or will be after giving effect to owns the transactions contemplated hereby, controlling interest 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 1 contract

Samples: Loan Agreement (Chancellor Group Inc/)

Public Utility Holding Company Act. None No Borrower nor any of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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.. 5.17

Appears in 1 contract

Samples: Revolving Credit Agreement (Richardson Electronics LTD/De)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Autotote Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to any of the transactions contemplated hereby, other Obligors 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 (Modtech Holdings Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Pike Holdings, Inc.)

Public Utility Holding Company Act. None of Holdings, the No Borrower or their respective any of its Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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: 364 Day Credit Agreement (Omnicom Group Inc)

Public Utility Holding Company Act. None of Holdings, the Parent, Borrower or their respective Borrower's Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 Loan Agreement (Central Financial Acceptance Corp)

Public Utility Holding Company Act. None of Holdings, the Borrower or their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, any Facility Owner 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 (Forum Group Inc)

Public Utility Holding Company Act. None of Holdings, the Borrower or any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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 (Fairchild Semiconductor Corp)

Public Utility Holding Company Act. None of Neither Holdings, the Borrower or nor any of their respective Subsidiaries is, or will be after giving effect to the transactions contemplated hereby, 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: Loan and Security Agreement (Atlantic Coast Airlines Holdings Inc)

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