Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 98 contracts
Samples: Note Purchase Agreement (Global Water Resources, Inc.), Private Shelf Agreement (Schneider National, Inc.), Second Supplement to Master Note Purchase Agreement (Spire Missouri Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 57 contracts
Samples: Note Purchase Agreement (Sigma Aldrich Corp), Amended and Restated Note Purchase Agreement (Precision Castparts Corp), Secured Note Purchase Agreement (Marver James D)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 50 contracts
Samples: Note Purchase Agreement (Sensient Technologies Corp), Note Purchase Agreement (Sensient Technologies Corp), Note Purchase Agreement
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 30 contracts
Samples: Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC), Note Purchase Agreement (Oaktree Capital Group, LLC)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 29 contracts
Samples: Bond Purchase Agreement (Middlesex Water Co), Note Purchase Agreement, Note Purchase and Private Shelf Agreement (Allient Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 19 contracts
Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement, Note Purchase Agreement (Mettler Toledo International Inc/)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject an “investment company” registered or required to regulation be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 18 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject an "investment company" registered or required to regulation be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 12 contracts
Samples: Note Purchase Agreement (Flow International Corp), Note Purchase Agreement (McGrath Rentcorp), Note Purchase Agreement (Granite Construction Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject an “investment company” registered or required to regulation be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 12 contracts
Samples: Note Purchase Agreement (DENTSPLY SIRONA Inc.), Note Purchase Agreement (International Speedway Corp), Note Purchase Agreement (International Speedway Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject an “investment company”, nor controlled by an “investment company”, required to regulation be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 11 contracts
Samples: Note Purchase Agreement (STERIS PLC), Note Purchase Agreement (STERIS PLC), Note Purchase Agreement (STERIS PLC)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or subject to rate regulation under the Federal Power Act, as amended.
Appears in 11 contracts
Samples: Bond Purchase Agreement (Essential Utilities, Inc.), Bond Purchase Agreement (Essential Utilities, Inc.), Bond Purchase Agreement (Essential Utilities, Inc.)
Status under Certain Statutes. Neither the Company No Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 10 contracts
Samples: Note Purchase and Guarantee Agreement (Gramercy Property Trust), Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (UTi WORLDWIDE INC)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Transportation Acts (49 U.S.C.), as amended, or the Federal Power Act, as amended.
Appears in 9 contracts
Samples: Note Purchase Agreement (Seitel Inc), Note Purchase Agreement (Sunrise Medical Inc), Loan and Security Agreement (Cityxpress Com Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 9 contracts
Samples: Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Madison Gas & Electric Co)
Status under Certain Statutes. Neither the Company any Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 9 contracts
Samples: Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note and Guaranty Agreement (Oaktree Capital Group, LLC)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 8 contracts
Samples: Note Purchase Agreement (Lincare Holdings Inc), Note Purchase Agreement (Donaldson Co Inc), Note Purchase Agreement (Tetra Tech Inc)
Status under Certain Statutes. Neither the Company Company, the Trust nor any Subsidiary of their respective Subsidiaries is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 8 contracts
Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 7 contracts
Samples: Note Purchase Agreement (Ugi Utilities Inc), Bond Purchase Agreement (Northwestern Corp), Note Purchase Agreement (Ugi Utilities Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended.
Appears in 7 contracts
Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement, Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 7 contracts
Samples: Unsecured Term Loan Facility Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Note Purchase Agreement (Aecom Technology Corp), Note Purchase Agreement (Nu Skin Enterprises Inc), Note Purchase Agreement (Reliance Steel & Aluminum Co)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under governed by the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Multicurrency Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Note Purchase Agreement (Worthington Industries Inc), Note Purchase Agreement (Ruby Tuesday Inc), Note Purchase Agreement (Egl Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (ServisFirst Bancshares, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.Transportation Acts (49 U.S.
Appears in 5 contracts
Samples: Note Purchase Agreement (Nfo Worldwide Inc), Note Purchase Agreement (Shaw Group Inc), Note Purchase Agreement (WLR Foods Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 19951935, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (West Pharmaceutical Services Inc), Note Purchase Agreement (Environmental Power Corp), Amendment and Restatement Agreement (Discovery Communications, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn), Master Note Purchase Agreement (Polaris Industries Inc/Mn), Master Note Purchase Agreement (Ultra Petroleum Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (LTC Properties Inc), Note Purchase Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Energizer Holdings Inc), Note Purchase Agreement (Energizer Holdings Inc), Note Purchase Agreement (Belden Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation as an investment company under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amendedthe ICC Termination Act of 1995, or Section 204 of the Federal Power Act, nor is the Company or any Subsidiary a holding company for the purposes of the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or nor is the Company subject to regulation under the Federal Power Act, as amended, with respect to the execution, delivery or performance of this Agreement or the Notes or the issuance of other securities.
Appears in 4 contracts
Samples: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject required to regulation be registered under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Hub International LTD), Note Purchase Agreement (Odyssey Re Holdings Corp), Guaranty Agreement (Hub International LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or and the Federal Power Act, as amended, and is not in violation of or in default under any regulations and orders of the Federal Energy Regulatory Commission applicable to the Company or its assets the effect of which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the United States Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the United States ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended, or, except as set forth in Schedule 5.17, either the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Hawaiian Electric Co Inc), Note Purchase Agreement (Hawaiian Electric Co Inc), Note Purchase Agreement (Hawaiian Electric Co Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Multi Currency Note Purchase and Private Shelf Agreement (Waters Corp /De/), Note Purchase Agreement (Waters Corp /De/), Note Purchase Agreement (Waters Corp /De/)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Note Purchase Agreement (WhiteHorse Finance, Inc.), Note Purchase Agreement (WhiteHorse Finance, Inc.), Note Purchase Agreement (WhiteHorse Finance, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Company Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, nor is the Company or any Subsidiary subject to rate regulation under the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Series 2009c Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.), Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.), Note Purchase Agreement (South Jersey Gas Co/New)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995or, except as amendeddisclosed in Schedule 5.17, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Letter of Credit and Term Loan Agreement (Waste Management Inc), Letter of Credit and Term Loan Agreement (Waste Management Inc), Letter of Credit and Term Loan Agreement (Waste Management Inc)
Status under Certain Statutes. (a) Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended or the ICC Termination Act of 1995, as amended. The Company and/or one or more of its Subsidiaries is subject to regulation under the Federal Power Act, as amended, the Public Utility Holding Company Act of 2005, as amended, and/or the ICC Termination Energy Policy Act of 1995, as amended, or the Federal Power Act2005, as amended.
Appears in 3 contracts
Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Snyder's-Lance, Inc.), Note Purchase Agreement (Invacare Corp)
Status under Certain Statutes. Neither None of the Company nor Company, any Subsidiary Guarantor, any Issuer Subsidiary or any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Private Shelf Agreement (Nu Skin Enterprises Inc), Private Shelf Agreement (Nu Skin Enterprises Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Status under Certain Statutes. Neither the any Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Primo Water Corp), Note Purchase Agreement (KMG Chemicals Inc)
Status under Certain Statutes. Neither the Company Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase and Guarantee Agreement (Physicians Realty Trust), Note Purchase and Guarantee Agreement (Physicians Realty Trust)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, except for Marina Energy, LLC, a Subsidiary of the Company, which is subject to the Federal Power Act and maintains market‑based rate authority thereunder.
Appears in 2 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)
Status under Certain Statutes. Neither the Company nor any Material Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (StepStone Group Inc.), Note Purchase Agreement (U-Haul Holding Co /NV/)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended. The Company is not subject to registration as a “holding company,” a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company,” as such terms are defined in the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amendedotherwise subject to regulation thereunder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Mge Energy Inc), Note Purchase Agreement (Mge Energy Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or except to the limited extent described on Schedule 5.17, the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Wausau Paper Corp.), Note Purchase and Private Shelf Agreement (Wausau Paper Corp.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or (b) in violation of the USA Patriot Act.
Appears in 2 contracts
Samples: Note Purchase Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Status under Certain Statutes. Neither Xxxxxx REIT, the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.), Note Purchase Agreement (Hudson Pacific Properties, L.P.)
Status under Certain Statutes. (a) Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995 as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Energy Policy Act of 19952005, as amended, or and the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005Interstate Commerce Act, as amended, amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Watts Water Technologies Inc), Note Purchase Agreement (Watts Water Technologies Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended or the ICC Termination Act of 1995, as amended, . The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or and the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Westar Energy Inc /Ks), Note Purchase Agreement (Great Plains Energy Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, nor is the Company a “commodity pool” as that term is defined under the Commodity Exchange Act.
Appears in 2 contracts
Samples: Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended. Northern Utilities, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, except for Section 9(a)(2) thereof, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. .
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the United States Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or subject to rate regulation under the Federal Power Act, as amended.. AQUA OHIO, INC. Bond Purchase Agreement
Appears in 1 contract
Samples: Bond Purchase Agreement (Essential Utilities, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (American Capital Strategies LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.:
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. DB1/ 133878806.7
Appears in 1 contract
Samples: Note Purchase Agreement (CHS Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or (b) in violation of any of the laws and regulations referred to in Section 5.16.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Alliance Resource Partners Lp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005Interstate Commerce Act, as amended, amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Consolidated Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Agreement (Allied Capital Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act. MSC Industrial Direct Co., as amended.Inc. Note Purchase Agreement
Appears in 1 contract
Samples: Note Purchase Agreement (MSC Industrial Direct Co Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or the USA Patriot Act.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended. Granite State Gas Transmission, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, amended (except in its capacity as amendedan investment advisor to companies which are so regulated), the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Covered Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Advisor Act of 1940, as amended, the Public Utility Holding Company Issuer Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Zemex Corp)
Status under Certain Statutes. Neither the Company nor any ----------------------------- Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Secured Note and Warrant Purchase Agreement (Sony Music Entertainment Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company any Obligor nor any other Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Patterson Companies, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended, or, except as set forth in Schedule 5.17, either the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: First Supplement to Note Purchase Agreement (Hawaiian Electric Industries Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary Subsidiary, including any Co-Obligor, is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Chicago Bridge & Iron Co N V)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. EQUITY ONE, INC. NOTE PURCHASE AGREEMENT
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended. 6.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.. -11-
Appears in 1 contract
Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/)
Status under Certain Statutes. Neither of the Company Obligors nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note and Guarantee Agreement (United America Indemnity, LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary or Affiliate is subject to regulation under the Investment Company Act of 1940, as amended, . The Company is not subject to regulation under the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended, any state public utilities code or statute, or any other Federal or state statute or regulation limiting its ability to incur indebtedness.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, except for Marina Energy, LLC, a Subsidiary of the Company, which is subject to the Federal Power Act and maintains market-based rate authority thereunder.
Appears in 1 contract
Samples: Note Purchase Agreement (South Jersey Industries Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. Xxxxx Industries, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Constituent Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note and Guarantee Agreement (Education Realty Operating Partnership L P)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. SECTION 6.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary or Affiliate is subject to regulation under the Investment Company Act of 1940, as amended, . The Company is not subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, any state public utilities code or statute, or any other Federal or state statute or regulation limiting its ability to incur indebtedness.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, all as amended.
Appears in 1 contract
Status under Certain Statutes. Neither Parent nor the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Gibraltar Industries, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.. 5.18
Appears in 1 contract
