Regulated Entity. Neither such Guarantor nor any Person controlling such Guarantor is: (a) an “investment company” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation by any federal or state statute or regulation limiting such Guarantor’s ability to incur such Guarantor’s obligations hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Arthrocare Corp), Credit Agreement (Arthrocare Corp), Credit Agreement (Arthrocare Corp)
Regulated Entity. Neither such Guarantor nor any Person controlling such Guarantor is: (a) an “"investment company” " within the meaning of the Investment Company Act of 1940; or (b) subject to regulation by any federal or state statute or regulation limiting such Guarantor’s 's ability to incur such Guarantor’s 's obligations hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Continuing Guaranty Agreement (Granite Construction Inc)
Regulated Entity. Neither such any Guarantor nor any Person controlling such any Guarantor is: is (ai) an “"investment company” " within the meaning of the Investment Company Act of 1940; or (bii) subject to regulation by under any federal or state statute or regulation limiting such any Guarantor’s 's ability to incur such Guarantor’s its obligations hereunder.
Appears in 1 contract
