Status Under Certain Federal Statutes. 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; (c) a "public utility" as such term is defined in the Federal Power Act, 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., or a "carrier" to which 49 U.S.C. Section 11301(b)(1) is applicable.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Perma Fix Environmental Services Inc), Note and Warrant Purchase Agreement (Eco Soil Systems Inc), Note and Warrant Purchase Agreement (Gni Group Inc /De/)
Status Under Certain Federal Statutes. 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; (c) a "public utility" as such term is defined in the Federal Power Act, 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., or a "carrier" to which 49 U.S.C. Section 11301(b)(1) is applicable.
Appears in 2 contracts
Samples: Note Purchase Agreement (Dixie Group Inc), Securities Purchase Agreement (Party City Corp)
