Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 24 contracts
Samples: Credit Agreement (Tredegar Corp), Credit Agreement (Ryder TRS Inc), Credit Agreement (Alon USA Energy, Inc.)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 18 contracts
Samples: Revolving Loan Credit Agreement (Network Communications, Inc.), Credit Agreement (Hartley Controls Corp), Credit Agreement (Fairchild Semiconductor International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 17 contracts
Samples: Sharing Debt Agreement (Lucent Technologies Inc), Agreement (Lucent Technologies Inc), Agreement (At&t Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 13 contracts
Samples: Credit Agreement (Activision Inc /Ny), Credit Agreement (Activision Inc /Ny), Agreement (Perkinelmer Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of Holdings, the Borrower nor or any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 12 contracts
Samples: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Marathon Power Technologies Co), Credit Agreement (Ameripath Indiana LLC)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 10 contracts
Samples: Credit Agreement (King Pharmaceuticals Inc), Credit Agreement (Rayonier Inc), Agreement (Citizens Communications Co)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 9 contracts
Samples: Credit Agreement (Cross Country Inc), Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Sola International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Borrower is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 9 contracts
Samples: Credit Agreement (On Command Corp), Credit Agreement (On Command Corp), Credit Agreement (On Command Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 9 contracts
Samples: Tax Sharing Agreement (Equity Residential Properties Trust), Revolving Credit Facility Agreement (Tredegar Industries Inc), Common Stock and Preferred Stock Purchase Agreement (Wellsford Real Properties Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 6 contracts
Samples: Credit Agreement (Knoll Inc), Second Lien Credit Agreement (Atp Oil & Gas Corp), Credit Agreement (Knoll Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is its Subsidiaries (ai) are an "“investment company" as defined in, ” or subject to regulation under, a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940 1940, as amended or (bii) a "“holding company" as defined in, ,” or subject to regulation under, a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)
Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower Borrowers nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 4 contracts
Samples: Credit Agreement (Popular Inc), Credit Agreement (Popular Inc), Credit Agreement (Popular Inc)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a company "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 3 contracts
Samples: Credit Facility Agreement (Janus Capital Group Inc), Credit Facility Agreement (Kansas City Southern Industries Inc), Credit Facility Agreement (Kansas City Southern Industries Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its subsidiaries is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Borrower nor any of its subsidiaries is a "holding company" as that term is defined in, in or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Security Agreement (American Bank Note Holographics Inc), Credit Agreement (Airxcel Inc), Management Network Group Inc
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any Subsidiary is (a) an "investment company" as that term is defined in, in or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Company nor any Subsidiary is a "holding company" as that term is defined in, or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Facility Agreement (Albemarle Corp), And Term Loan Agreement (Ethyl Corp), Term Loan Agreement (Ethyl Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (Scripps E W Co /De), Day Competitive Advance And (Scripps E W Co /De), Day Competitive Advance And (Scripps E W Co /De)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Agreement (Scripps E W Co /De), Scripps E W Co /De, Scripps E W Co /De
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or 1940, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 193575 1935 or (c) otherwise subject to any law, rule or regulation that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: General Liability (Schein Pharmaceutical Inc), Credit Agreement (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" ”, or a company “controlled” by an “investment company”, as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: www.sec.gov, Raytheon Co/, Raytheon Co/
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Borrowers nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Magellan Health Services Inc), Credit Agreement (Magellan Health Services Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a company "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 1940. Neither the Borrower nor any Subsidiary is a "holding company", or (b) a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" as defined inor of a "subsidiary company" of a "holding company", or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Cabot Microelectronics Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower Borrowers nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Corel Corp), Credit Agreement (Corel Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary of its Restricted Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co)
Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Remington Products Co LLC), Credit and Guarantee Agreement (Remington Products Co LLC)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (ai) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (bii) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (First Aviation Services Inc), Commercial Revolving Loan and Security Agreement (First Aviation Services Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Alion Science & Technology Corp), Revolving Credit Agreement (Choice Hotels International Inc /De)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Senior Credit Agreement (Rite Aid Corp), Senior Credit Agreement (Rite Aid Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" as defined in, or subject to regulation under, an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Bha Group Inc), Credit Agreement (Bha Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any and no Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, in or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Nashua Corp), Revolving Credit and Term Loan Agreement (Chemfab Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or 1940, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351935 or (c) otherwise subject to any law, rule or regulation that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" as defined in”, or subject to regulation undera company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940 or 1940, as amended (b) the “Investment Company Act”). Neither the Borrower nor any Subsidiary is a "“holding company" as defined in, ,” or subject to regulation under, an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company,” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (Seracare Life Sciences Inc), Revolving Credit Agreement (Seracare Life Sciences Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940 or (b) 1940, as amended. Neither the Borrower nor any Subsidiary is a "holding company" as defined in, or subject to regulation under, a "subsidiary company" or a "holding company" or an "affiliate" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Brothers Gourmet Coffees Inc), Loan and Security Agreement (Telular Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company", or a company "controlled" by an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Lender Agreement (Raytheon Co/), Raytheon Co/
Investment Company Act; Public Utility Holding Company Act. Neither None of Allied, the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined inor a Person "controlled" by an "investment company", or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) 1940. The Borrower is a "holding company" as defined in", or subject to regulation under, within the Public Utility Holding Company Act meaning of 1935PUHCA.
Appears in 2 contracts
Samples: Day Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Letter of Credit Issuance and Reimbursement Agreement (Lucent Technologies Inc), External Sharing Debt Agreement (Lucent Technologies Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is of the Subsidiaries (a) is an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Stone Container Corp), Credit Agreement (Stone Container Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Significant Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, under the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Revolving Credit and Letter of Credit Facility Agreement (Fingerhut Companies Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Eckerd Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," a "subsidiary company" of a "holding company" as defined in, or subject to regulation under, an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is of its Subsidiaries (a) is an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Kroger Co)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company, nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Flowserve Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940 or (b) 1940, as amended. Neither the Borrower nor any Subsidiary is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.a "subsidiary company" or a 70 79
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of Borrower is (a) an "“investment company" as defined in, or subject to regulation under, ” within the meaning of the Investment Company Act of 1940 or (b) a "“holding company" as defined in, ” or subject to regulation under, an “affiliate” of a “holding company” or a “public utility” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Thomas Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.13.
Appears in 1 contract
Samples: Oak Industries Inc
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of the Borrower is (a) an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in", or subject to regulation undera company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940 1940, as amended (the "Investment Company Act"). Neither the Borrower nor any Subsidiary is a "holding company," or (b) an "affiliate" of a "holding company" as defined in, or subject to regulation under, a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither Connector nor the Borrower nor any other Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.13.
Appears in 1 contract
Samples: Oak Industries Inc
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company", or a company "controlled" by an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.10.
Appears in 1 contract
Samples: Raytheon Co/
Investment Company Act; Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.12.
Appears in 1 contract
Samples: Credit Facility Agreement (Eg&g Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Kuhlman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment companyINVESTMENT COMPANY" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding companyHOLDING COMPANY" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Agreement (Rite Aid Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any Subsidiary of any Borrower is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," as defined in, or subject to regulation under, a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Holdings nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the U.S. Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the U.S. Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the such Borrower nor any Subsidiary is thereof (a) is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "“investment company" ” as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 1940, as amended. No Borrower or (b) any Subsidiary is a "“holding company" ” as that term is defined in, or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Actuant Corp)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) is an "investment company" company as defined in, or is subject to regulation under, the Investment Company Act of 1940 or (b) is a "holding company" company as defined in, or is subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an a)an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a b)a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Scripps E W Co /De
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment In- vestment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Applied Power Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company, nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Flowserve Corp)
Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower nor any Subsidiary Borrowers is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Dillards Inc)
Investment Company Act; Public Utility Holding Company Act. Neither of the Borrower Borrowers nor any Subsidiary is (a) an "investment company" as defined in, or 47 41 subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Popular Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Significant Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation regula tion under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Fingerhut Companies Inc
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. SECTION 3.10.
Appears in 1 contract
Samples: Credit Agreement (Raytheon Co)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Borrower, Inland nor any Subsidiary of their respective subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Ispat Inland Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the any Borrower nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," as defined in, or subject to regulation under, a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company," within the meaning of the Public Utility 72 Holding Company Act of 1935, as amended.
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Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Consolidated Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary (after giving effect to the transfer of the Xxxxx Subsidiaries to the Borrower) is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Pacificorp /Or/)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any Material Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any Subsidiary is (a) an "“investment company" as defined in” or a company “controlled” by an “investment company”, or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 1 contract
Samples: Credit Facility Agreement (Janus Capital Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither ---------------------------------------------------------- the Borrower nor any Subsidiary is (a) an "investment company" as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940 or (b) 1940. Neither the Borrower nor any Subsidiary is a "holding company" as that term is defined in, or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Secured Credit Agreement (Advanced Micro Devices Inc)
