Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 24 contracts
Samples: Credit Agreement (Quaker State Corp), Revolving Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Dean Foods Co)
Regulatory Restrictions on Borrowing. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 10 contracts
Samples: Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc), Credit Agreement (Martin Marietta Materials Inc)
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 3 contracts
Samples: Agreement (Trigon Healthcare Inc), Agreement (Trigon Healthcare Inc), Agreement (Trigon Healthcare Inc)
Regulatory Restrictions on Borrowing. The Neither the Borrower ------------------------------------ nor any of its Subsidiaries is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 3 contracts
Samples: Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc)
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt. Section 4.11.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp)
Regulatory Restrictions on Borrowing. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, a "“holding company" ” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Samples: Facility Agreement (Dey Inc)
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Samples: Loan Agreement (Glatfelter P H Co)
Regulatory Restrictions on Borrowing. The Neither the Borrower nor any of its Subsidiaries is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, a "“holding company" ” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or is otherwise subject to any regulatory scheme regulations which restricts its ability to incur debtIndebtedness.
Appears in 1 contract
Regulatory Restrictions on Borrowing. The Such Borrower is ------------------------------------ not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Samples: Credit Agreement (Nationwide Financial Services Inc /Oh/)
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company" within the meaning of the 36 Public Utility Holding Company Act of 1935, as amended, or (iii) otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Trigon Healthcare Inc)
Regulatory Restrictions on Borrowing. The Borrower is not (i) an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) otherwise subject to any regulatory scheme which restricts its ability to incur debt.
Appears in 1 contract
Samples: Agreement (Iomega Corp)
Regulatory Restrictions on Borrowing. The Borrower is not (i) an "investment company" company within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company" company within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) otherwise subject to any regulatory scheme which restricts its ability to incur debt. SECTION 4.11.
Appears in 1 contract
Samples: Credit Agreement (Iomega Corp)
Regulatory Restrictions on Borrowing. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, a "holding company" or a "subsidiary company" of a holding company within the meaning of the Public Utility Holding Company Act of 1935, as amended, or otherwise subject to any regulatory scheme which restricts its ability to incur debtDebt.
Appears in 1 contract
