Common use of Investment Company Act; Public Utility Holding Company Act Clause in Contracts

Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.

Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. No Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” ”, within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower Operator is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation Requirement which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Neither the Guarantor nor the Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940Act, as amended, (iiy) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation Law which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. The Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.

Investment Company Act; Public Utility Holding Company Act. Borrower is not (ia) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (iib) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower is not not: (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, ; (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, ; or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.

Investment Company Act; Public Utility Holding Company Act. Neither Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower Lessee is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower The borrower is not (ia) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iib) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “investment "in vestment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.

Investment Company Act; Public Utility Holding Company Act. Borrower Such Assignor is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement(other than usury laws).