US Regulation. Each Obligor shall ensure that it will not, by act or omission, become subject to any of the categories, laws or regulations described in clause 23.31(c) (Other US Regulation).
US Regulation. (a) It is not a “public utility” within the meaning of, or subject to regulation under, the United States Federal Power Act of 1920 (16 USC §§791 et seq.).
(b) It is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the United States Investment Company Act of 1940 (15 USC. §§ 80a-1 et seq.) or subject to regulation under any United States federal or state law or regulation that limits its ability to incur or guarantee indebtedness.
(c) It has not made an “unlawful payment” within the meaning of, and is not in any other way in violation of, the Foreign Corrupt Practices Act (15 USC. §§ 78dd-1 et seq.) or any similar laws.
US Regulation. Each Obligor shall ensure that it will not, by act or omission, become subject to any of the categories, laws or regulations described in Section 5.30(c).
US Regulation. (a) It is not a "public utility" within the meaning of, or subject to regulation under, the United States Federal Power Act of 1920 (16 USC §§791 et seq.).
(b) It is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the United States Investment Company Act of 1940 (15 USC. §§ 80a-1 et seq.) or subject to regulation under any United States federal or state law or regulation that limits its ability to incur or guarantee indebtedness.
(c) It has not made (or attempted to make) an “unlawful payment” within the meaning of, and is not in any other way in violation of, the Foreign Corrupt Practices Act (15 USC. §§ 78dd-1 et seq.) or any similar laws.
US Regulation. Each Obligor shall ensure that it will not, by act or omission, become subject to regulation under any of the laws or regulations:
(a) applicable to a "public utility" within the meaning of, or subject to regulation under, the United States Federal Power Act of 1920 (16 USC §§791 et seq.); and
(b) applicable to an "investment company" or a company "controlled" by an "investment company" within the meaning of the United States Investment Company Act of 1940 (15 USC. §§ 80a-1 et seq.) or subject to regulation under any United States federal or state law or regulation that limits its ability to incur or guarantee indebtedness.
US Regulation. It is not required to be registered as an Investment Company or subject to regulation under the US Investment Company Act of 1940.
US Regulation. (a) It is not a “public utility” within the meaning of, or subject to regulation under, the United States Federal Power Act of 1920 (16 USC §§791 et seq.).
(b) It is not an “investment company” under, the United States Investment Company Act of 1940 (15 USC. §§ 80a-1 et seq.) or subject to regulation under any United States federal or state law or regulation that limits its ability to incur or guarantee indebtedness under this Agreement.
(c) It will not use any part of the proceeds from any Utilisation, directly or indirectly, for payments to any government official (including any officer or employee of a government or government-owned or controlled entity or other public international organisation or any person acting in any official capacity for or on behalf of any of the foregoing, or any political party or party official or candidate for political office) in a manner which is prohibited under the United States Foreign Corrupt Practices Act of 1977 (15
US Regulation. (a) it is not a “holding company”, as defined in the United States Public Utility Holding Company Act of 1935, or otherwise subject to regulation under that act.
(b) it is not a “public utility”, as defined in the United States Federal Power Act of 1920, or otherwise subject to regulation under that act.
(c) it is not an “investment company”, as defined in the United States Investment Company Act of 1940, or otherwise subject to regulation under that act.
(d) it has no reason to believe that it or any of its Affiliates:
(i) is a Restricted Party or controlled by a Restricted Party or has received funds or property from a Restricted Party; or
(ii) has violated any Anti-Terrorism Law or is the subject of any action or investigation (including any relating to asset seizure, forfeiture or confiscation) under any Anti-Terrorism Law.
(e) it and its Affiliates have taken reasonable measures to ensure compliance with the Anti-Terrorism Laws; and
US Regulation. The parties hereto acknowledge that the management rights (the “Management Rights”) as defined in the U.S. Department of Labor’s Plan Asset Regulations, 29 C.F.R. Section 2510.3-101 (the “Regulations”) conveyed under this Agreement to CDH are intended to convey to CDH China Growth Capital Fund II, L.P. (“Fund II”) the Management Rights with respect to the Company and that the management Rights will be exercised by Fund II. The parties hereby further acknowledges that Fund II intends to treat its investment (through CDH) in the Company as a venture capital investment, so that Fund II can be qualified as a venture capital operating company, as each such term is defined under the Regulations.
US Regulation. Sequa is not:
