Common use of Regulated Company Clause in Contracts

Regulated Company. Neither Company nor any of its Subsidiaries is (a) an "investment company," or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended (15 U.S.C. Section 80a-1, et seq.) or (b) a "holding company" or a "subsidiary company" or "affiliate" of a "holding company" as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The application of the proceeds of the Loans and repayment thereof by Company and the performance by Company of the transactions contemplated by the Loan Documents will not violate any provision of said Acts, or any rule, regulation or order issued by the Securities and Exchange Commission thereunder, in each case as in effect on the date hereof.

Regulated Company. Neither Company No Borrower nor any of its Subsidiaries Subsidiary is (ai) an "investment company," or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company", ," as such terms are defined in the Investment Company Act of 1940, as amended (15 U.S.C. Section ss. 80a-1, et seq.) or (bii) a "holding company" or a "subsidiary company" or "affiliate" of a "holding company" as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The application of the proceeds of the Loans and repayment thereof by Company the Borrowers and the performance by Company the Borrowers and the Guarantors of the transactions contemplated by the Loan Documents will not violate any provision of said ActsAct, or any rule, regulation or order issued by the Securities and Exchange Commission thereunder, in each case as in effect on the date hereof.