Common use of Status Under Certain Federal Statutes Clause in Contracts

Status Under Certain Federal Statutes. No Related Person is (a) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, (b) a "public utility", as such term is defined in the Federal Power Act, as amended, (c) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1949, as amended or (d) a "rail carrier", or a "person controlled by or affiliated with a rail carrier", within the meaning of Title 49, U.S.C., and each Related Person is not a "carrier" to which 49 U.S.C. Section 11301(b)(1) is applicable.

Appears in 2 contracts

Samples: Credit Agreement (Cameron Ashley Building Products Inc), Credit Agreement (Cameron Ashley Building Products Inc)

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Status Under Certain Federal Statutes. No Related Person Borrower is not (a) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, (b) a "public utility", as such term is defined in the Federal Power Act, as amended, (c) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1949, as amended amended, or (d) a "rail carrier", or a "person controlled by or affiliated with a rail carrier", within the meaning of Title 49, U.S.C., and each Related Person Borrower is not a "carrier" to which 49 U.S.C. Section (S) 11301(b)(1) is applicable.

Appears in 2 contracts

Samples: Warehouse Loan Agreement (Homecapital Investment Corp), Working Capital Line of Credit and Security Agreement (Homecapital Investment Corp)

Status Under Certain Federal Statutes. No Related Person is (a) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, (b) a "public utility", ," as such term is defined in the Federal Power Act, as amended, (c) an "investment company", ," or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1949, as amended or (d) a "rail carrier", ," or a "person controlled by or affiliated with a rail carrier", ," within the meaning of Title 49, U.S.C., and each no Related Person is not a "carrier" to which 49 U.S.C. Section ss. 11301(b)(1) is applicable.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

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Status Under Certain Federal Statutes. No Related Person The Company is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended; (b) a "holding company" or a "subsidiary company" of a "holding company" ", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, ; (bc) a "public utility", " as such term is defined in the Federal Power Act, as amended, (c) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1949, as amended ; or (d) a "rail carrier", carrier or a "person controlled by or affiliated with a rail carrier", within the meaning of Title 49, U.S.C., and each Related Person is not or a "carrier" to which 49 U.S.C. Section 11301(b)(1) is applicable. 10 5.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Dixon Ticonderoga Co)

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