Common use of REGULATION G, ETC Clause in Contracts

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of Regulation G. Neither the Company, any of its Subsidiaries nor any agent acting on their behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Act, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither Borrower nor the Company nor any of its Subsidiaries Consolidated Partnership owns or has any present intention of acquiring any "margin stock" as defined Margin Stock. Neither Borrower nor the Consolidated Partnership is engaged in Regulation G (12 CFR Part 207) the business of extending credit for the Board purpose of Governors of the Federal Reserve System (herein called "margin stock")purchasing or carrying any Margin Stock. All None of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes Loan will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock Margin Stock or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry margin stock any Margin Stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither Borrower nor the Company, any of its Subsidiaries Consolidated Partnership nor any agent acting on their behalf of any of them has taken or will knowingly take any action which which, at the time the action is taken, might cause this Agreement the Loan Documents or the Notes Note to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries Subsidiary owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the The proceeds of the sale of the any Private Shelf Notes will be used by for the Company as set forth purposes stated in Section 6.5the relevant Request for Purchase. None of the such proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither The proceeds of sale of the Company nor any Notes will be used to refinance a portion of its Subsidiaries owns the Company's short-term borrowings. None of such proceeds will be used, directly or has any present intention indirectly, for the purpose, whether immediate, incidental or ultimate, of acquiring purchasing or carrying any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock ) or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is then currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries Subsidiary owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the The proceeds of the sale of the Notes will be used by the Company to retire its Debt as set forth in Section 6.5. contemplated by the provisions of paragraph 3E. None of the such proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries Subsidiary owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called a "margin stock"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes will be used, directly directly, or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of said Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the Securities Exchange Act of 1934 Actas amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries owns or has any present intention of acquiring any "margin stocksecurity" as defined in Regulation G (12 CFR C.F.R. Part 207) of the Board of Governors of the Federal Reserve System (herein called a "margin stocksecurity"). All of the The proceeds of the sale of the Notes hereunder will be used by solely for the Company as purposes set forth in Section 6.56.1(c) hereof. None The stock of each Subsidiary is not a margin security and none of the proceeds from the sale of the Notes this transaction will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock security or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry a margin stock security or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of said Regulation G. Neither the Company, nor any of its Subsidiaries Subsidiaries, nor any agent acting on their behalf of the foregoing has taken or will take any action which might cause this Agreement Agreement, the Notes or the Notes Warrants to violate Regulation G, Regulation T, Regulation T or X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Act, in each case as in effect now or as the same may hereafter be in effectSecurities Exchange Act of 1934.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries Subsidiary owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"), exceeding in value 5% of Consolidated Net Worth. All None of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale issuance of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock stock, or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for and in any other purpose such case which might will constitute this transaction a "purpose credit" within the meaning violation of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation U, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate Section 7 of the 1934 Exchange Act, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries Subsidiary owns or has any present intention of acquiring any "i-margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the The proceeds of from the sale of the Notes will be used by the Company as set forth in Section 6.5to refinance bank debt and fund capital expenditures and acquisitions. None of the such proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is then currently a margin stock or for any other purpose which might constitute this transaction the purchase of such Notes a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries owns or has any present intention of acquiring any "margin stocksecurity" as defined in Regulation G (12 CFR C.F.R. Part 207) of the Board of Governors of the Federal Reserve System (herein called a "margin stocksecurity"). All of the The proceeds of the sale of the Notes hereunder will be used by solely for the Company as purposes set forth in Section 6.56.1(c) hereof. None The stock of each Subsidiary is not a margin security and none of the proceeds from the sale of the Notes this transaction will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock security or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry a margin stock security or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of said Regulation G. Neither the Company, nor any of its Subsidiaries Subsidiaries, nor any agent acting on their behalf of the foregoing has taken or will take any action which might cause this Agreement Agreement, the Notes or the Notes Warrants to violate Regulation G, Regulation T, Regulation U or X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Act, in each case as in effect now or as the same may hereafter be in effectSecurities Exchange Act of 1934.

REGULATION G, ETC. Neither The amount of all securities that the Company nor any of its Companies and their Subsidiaries owns or has any present intention of acquiring any together own that constitute "margin stock" (as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All ) does not exceed 25% of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5Parent's Consolidated Total Assets. None of the proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Exchange Act, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither The proceeds of sale of the Company nor any Notes will be used to refinance a portion of its Subsidiaries owns the Company's short-term borrowings. None of such proceeds will be used, directly or has any present intention indirectly, for the purpose, whether immediate, incidental or ultimate, of acquiring purchasing or carrying any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock ) or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is then currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the PAGE meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stockMargin Stock"). All PART 8I OF ANNEX 3 attached to this Agreement describes the use of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes Notes. None of such proceeds will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock Margin Stock or for the purpose of maintaining, reducing or retiring any indebtedness which Indebtedness that was originally incurred to purchase or carry margin any stock that is currently a Margin Stock or for any other purpose which that might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Company nor any agent acting on their its behalf has taken or will take any action which that might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company nor any of its Subsidiaries owns or has any present intention of acquiring acquiring, any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called a "margin stockMARGIN STOCK"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds resulting from the sale of the Notes Securities will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of Regulation G. Neither the Company, Company nor any of its Subsidiaries nor any agent acting on their behalf has taken or will take any action which might cause this Agreement or the Notes Securities to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Exchange Act, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company Holdings nor any of its Subsidiaries owns or has any present intention of acquiring acquiring, any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called a "margin stock"). All of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds resulting from the sale of the Notes Securities will be used, directly or indirectly, for the purpose of purchasing or carrying any margin stock or for the purpose of reducing or retiring any indebtedness which was originally incurred to purchase or carry margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of Regulation G. Neither the Company, Holdings nor any of its Subsidiaries nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes Securities to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Exchange Act, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company Borrower nor any Subsidiary of its Subsidiaries Borrower owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All None of the proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5. None of the proceeds from the sale of the Notes any Advance will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the Company, any of its Subsidiaries Borrower nor any agent acting on their its behalf has taken or will take any action which might cause this Agreement or the Notes to violate Regulation G, Regulation T, Regulation X or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 ActSecurities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

REGULATION G, ETC. Neither the Company Guarantor nor any of its Subsidiaries owns or has any present intention of acquiring any "margin stock" as defined in Regulation G (12 CFR Part 207) of the Board of Governors of the Federal Reserve System (herein called "margin stock"). All of the The proceeds of the sale of the Notes will be used by the Company as set forth in Section 6.5to refinance existing Indebtedness and for other working capital purposes. None of the such proceeds from the sale of the Notes will be used, directly or indirectly, for the purpose purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a "purpose credit" within the meaning of such Regulation G. Neither the CompanyNone of Guarantor, any of its Subsidiaries nor Company or any agent acting on their behalf have or has taken or will take any action which might cause this Agreement Guaranty or the Notes any Note Document to violate Regulation G, Regulation T, Regulation X T or any other regulation of the Board of Governors of the Federal Reserve System or to violate the 1934 Exchange Act, in each case as in effect now or as the same may hereafter be in effect.