Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose. (b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 10 contracts
Samples: Loan and Security Agreement (Company Doctor), Loan and Security Agreement (Raintree Healthcare Corp), Loan and Security Agreement (Raintree Healthcare Corp)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 9 contracts
Samples: Loan and Security Agreement (Celeris Corp), Loan and Security Agreement (Lasersight Inc /De), Loan and Security Agreement (LTC Healthcare Inc)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's ’s issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 3 contracts
Samples: Revolving Loan and Security Agreement (Sunlink Health Systems Inc), Loan Agreement (Regeneration Technologies Inc), Loan and Security Agreement (Southland Health Services, Inc.)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 3 contracts
Samples: Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including including, without limitation limitation, Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Neither Borrower nor any of its Subsidiaries is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which that is an investment company within the meaning of that Act.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including including, without limitation limitation, Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ensign Group, Inc), Loan and Security Agreement (Idx Systems Corp)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purposepurpose without the written consent of Lender, such consent not to be unreasonably withheld.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Samples: Loan and Security Agreement (SFBC International Inc)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's ’s issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to to. others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 l 933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940l 940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the DIP Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the DIP Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. SECURITIES AND BANKING LAWS AND REGULATIONS.
(a) The use of the proceeds of the Loan and BorrowerXxxxxxxx's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's Borrowers’ issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including including, without limitation limitation, Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower No Loan Party is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) No Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan Loans and Borrower's ’s issuance of the Note Notes will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder Loans under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Samples: Loan and Security Agreement (Correctional Services Corp)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of 16 the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Samples: Loan and Security Agreement (National Diagnostics Inc)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's ’s issuance of the Note Notes will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "“margin stock" ” within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.. 37 Section 4.12
Appears in 1 contract
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan Loans and Borrower's Borrowers' issuance of the Note Notes will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation thereto or Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. No Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying "margin stock" within the meaning of those regulations. said Regulation U. No part of the proceeds of the Loan hereunder Loans under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) No Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Samples: Loan and Security Agreement (Harborside Healthcare Corp)
Securities and Banking Laws and Regulations. (a) The use of the proceeds of the Loan and Borrower's issuance of the Note will not directly or indirectly violate or result in a violation of the Securities Act of 1933 or the Securities Exchange Act of 1934, as amended, or any regulations issued pursuant thereto, including without limitation Regulations U, T, G, T or X of the Board of Governors of the Federal Reserve System. Borrower is not engaged in the business of extending credit for the purpose of the purchasing or carrying of "margin stock" within the meaning of those regulations. No part of the proceeds of the Loan hereunder under this Agreement will be used to purchase or carry any margin stock or to extend credit to others for such purpose.
(b) Borrower is not an investment company within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company within the meaning of that Act.
Appears in 1 contract
Samples: Loan and Security Agreement (New York Health Care Inc)