Common use of Status under Certain Statutes Clause in Contracts

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.

Appears in 8 contracts

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc), Note Purchase Agreement (Old Dominion Freight Line Inc/Va), Note Purchase Agreement (Old Dominion Freight Line Inc/Va)

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Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Proquest Co), Note Purchase Agreement (Schein Henry Inc), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Stepan Co), Note Purchase Agreement (Sigma Aldrich Corp), Note Purchase Agreement (Stepan Co)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.

Appears in 3 contracts

Samples: First Amendment and Consent (United Asset Management Corp), Note Purchase Agreement (Hickory Tech Corp), Note Purchase Agreement (United Asset Management Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended. The Company is subject to the Public Utility Holding Company Act of 2005, or as amended, and the Federal Power Act, as amended.

Appears in 3 contracts

Samples: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc)

Status under Certain Statutes. Neither the Company any Obligor nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Family Dollar Stores Inc), Note Purchase Agreement (Belk Inc), Note Purchase Agreement (Family Dollar Stores Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered subject to regulation under the United States Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.

Appears in 3 contracts

Samples: Note Purchase Agreement (PENGROWTH ENERGY Corp), Note Purchase Agreement (PENGROWTH ENERGY Corp), Note Purchase Agreement (Pengrowth Energy Trust)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered or 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 1935, 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 (St Joe Co), Note Purchase Agreement (St Joe Co)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Alliance Resource Partners Lp), Note Purchase Agreement (Alliance Resource Partners Lp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. Stepan Company Amended and Restated Note Agreement

Appears in 2 contracts

Samples: Note Agreement (Stepan Co), Note Agreement (Stepan Co)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered 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 1935, 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 (Penn Virginia Resource Partners L P), Note Purchase Agreement (Village Super Market Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary (i) is, or is required to be, registered as an “investment company” registered or required to be registered under within the meaning of the Investment Company Act of 1940, as amended, 1940 or (ii) is subject to regulation under the Public Utility Holding Company Act of 1935, as amended2005, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.

Appears in 2 contracts

Samples: Note Purchase Agreement (Washington Real Estate Investment Trust), Note Purchase Agreement (Washington Real Estate Investment Trust)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered 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 1935, 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 (Enerplus Resources Fund), Note Purchase Agreement (Enerplus Resources Fund)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Hni Corp), Note Purchase Agreement (Hain Celestial Group Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) required to register as an “investment company,registered or required to be registered under as such term is defined in the Investment Company Act of 1940, as amended, or is (b) subject to regulation under the Public Utility Holding Company Act of 19352005, 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 (Woodward Governor Co), Note Purchase Agreement (Woodward Governor Co)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Hecla Mining Co/De/), Note Purchase Agreement (Hecla Mining Co/De/)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.

Appears in 2 contracts

Samples: Third Amended and Restated Note Purchase and Shelf Agreement (Nn Inc), Second Amended and Restated Note Purchase and Shelf Agreement (Nn Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Otter Tail Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is or is required to be registered as an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject restricted in its ability to regulation incur Indebtedness under the Public Utility Holding Company Act of 19352005, 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 (DST Systems Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered subject to regulation under the United States Investment Company Act of 1940, as amended, or is subject to regulation under the United States Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Pengrowth Energy Trust)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (Marcus Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is, or is required to be registered as, an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or . Neither the Company nor any Subsidiary is subject to regulation under the Public Utility Holding Company Act of 19352005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. VP/#60437610.3

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (McGrath Rentcorp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” "INVESTMENT COMPANY" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Dakota Growers Pasta Co)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered 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 1935, 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 (Nordson Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Board of Trade of the City of Chicago Inc)

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Status under Certain Statutes. Neither of the Company Obligors nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Devry Inc)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an _ investment company_ registered or required to be registered 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 1935, 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 (Oceaneering International Inc)

Status under Certain Statutes. Neither the Company Obligor nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Mondavi Robert Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, amended or is subject to regulation under the ICC Termination Act of 1995, as amended. The Company is a “public utility holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, amended (“PUHCA”). All necessary approvals under PUHCA for the ICC Termination Act issuance and sale of 1995, as amended, or the Federal Power Act, as amendedNotes and the issuance and delivery of the Guaranty have been obtained.

Appears in 1 contract

Samples: Note Purchase Agreement (Nisource Inc/De)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. Xxxxxxxxxx, X.X. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Ferrellgas Partners Finance Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Holdings Company Act of 1935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.

Appears in 1 contract

Samples: Credit Agreement (Homeservices Com Inc)

Status under Certain Statutes. Neither None of the Company Obligors nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Brady Corp)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 19352005, 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 (Marcus Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 19352005, 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 (Covance Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or ”, nor controlled by an “investment company”, required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, as amended2005, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. STERIS CORPORATION NOTE PURCHASE AGREEMENT

Appears in 1 contract

Samples: Note Purchase Agreement (STERIS PLC)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered 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 1935, 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 (Bowne & Co Inc)

Status under Certain Statutes. Neither the Company nor any Subsidiary is, or is required to be registered as, an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or . Neither the Company nor any Subsidiary is subject to regulation under the Public Utility Holding Company Act of 19352005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (McGrath Rentcorp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an “investment company” registered or ”, nor controlled by an “investment company”, required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Steris Corp)

Status under Certain Statutes. Neither the Company nor any Subsidiary is an "investment company" registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 1935, 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 (Dames & Moore Inc /De/)

Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Dentsply International Inc. Note Purchase Agreement Utility Holding Company Act of 19352005, 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 (Dentsply International Inc /De/)

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