Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 10 contracts
Samples: Loan Agreement (BCP Crystal Holdings Ltd. 2), Credit Agreement (Graham Packaging Co), Credit Agreement (Graham Packaging Holdings Co)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the No Borrower and their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 (the "1940 Act") 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 9 contracts
Samples: Borrowing Subsidiary Agreement (Itt Corp /Nv/), Borrowing Subsidiary Agreement (Itt Corp /Nv/), Credit Facility Agreement (Itt Industries Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, Intermediate Holdings, the U.S. Borrower and their the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 7 contracts
Samples: Credit Agreement (TRW Automotive Holdings Corp), Credit Agreement (TRW Automotive Inc), Credit Agreement (TRW Automotive Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their Subsidiaries or any Subsidiary (other than any Co-investment Subsidiary) is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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 6 contracts
Samples: Credit Agreement (Malek Frederic V), Credit Agreement (Blum Capital Partners Lp), Credit Agreement (Cb Richard Ellis Services Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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 6 contracts
Samples: Bridge Loan Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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 5 contracts
Samples: Credit Agreement (Affinion Group Holdings, Inc.), Credit Agreement (Affinion Group Holdings, Inc.), Credit Agreement (Affinion Group Holdings, Inc.)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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 4 contracts
Samples: Credit Agreement (Universal City Travel Partners), Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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 4 contracts
Samples: Credit Agreement (Covalence Specialty Adhesives LLC), Credit Agreement (Goodman Holding CO), Credit Agreement (Hexion Specialty Chemicals, Inc.)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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 3 contracts
Samples: Credit Agreement (Universal City Development Partners LTD), Second Lien Credit Agreement (Skyterra Communications Inc), Credit Agreement (Skyterra Communications Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their Subsidiaries or any Subsidiary (other than any Co-investment Subsidiary) is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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 2 contracts
Samples: Credit Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cbre Holding Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower Borrowers and their the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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.or
Appears in 1 contract
Samples: Revolving Credit Agreement (Covalence Specialty Adhesives LLC)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the U.S. Borrower and their or any of its Subsidiaries is (a) an "investment company" or a company "controlled" by an "investment company" (as each of the quoted terms is defined in, or subject to regulation under, used in the Investment Company Act of 1940, as amended, ) or (b) 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
Samples: Credit Agreement (Jostens Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Blackboard Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their Subsidiaries or any other Subsidiary is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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. None of Holdings, the Borrower and their the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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. None of Holdings, the Borrower and their the Borrower’s Restricted Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Covalence Specialty Adhesives LLC)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (True Temper Sports PRC Holdings Inc)
Investment Company Act; Public Utility Holding Company Act. None of HoldingsHoldings (prior to a Qualified IPO), the U.S. Borrower and their or the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their Subsidiaries or any Subsidiary is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.. 58 52
Appears in 1 contract
Samples: Merger Company (Neenah Foundry Co)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Term Borrower and their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) is an "investment company" as defined in, or is subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) is a "holding company" as defined in, or is 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. None of Holdings, the Borrower Borrowers and their the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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
Samples: Guarantee and Collateral Agreement (Bar Technologies Inc)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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. None of Holdings, the Borrower and their or the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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.or
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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
Samples: Credit Agreement (Laboratory Corp of America Holdings)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 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. None of Holdings, the No Borrower and their Subsidiaries or any subsidiary thereof is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended, . No Borrower or (b) any subsidiary thereof 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, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower Company and their Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Celanese CORP)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the No Borrower and their Subsidiaries or subsidiary thereof is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended, . No Borrower or (b) subsidiary thereof 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, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. None of HoldingsHoldings (prior to a Qualified IPO), the U.S. Borrower and their or the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or the Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 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.. Table of Contents
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. None of Holdings, the Borrower and their or any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 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
Samples: Loan Agreement (TransDigm Group INC)
