Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any of its Subsidiaries is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 18 contracts
Samples: Credit Agreement (Pg&e National Energy Group Inc), Credit Facility Agreement (Texas Utilities Co /Tx/), Credit Agreement (Txu Corp /Tx/)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the such Borrower nor any of its Subsidiaries is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940.
Appears in 15 contracts
Samples: Credit Agreement (Oncor Electric Delivery Co), Revolving Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any of its Subsidiaries Subsidiary is 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, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Classic Communications Inc), Credit Agreement (Point 360), Credit Agreement (Vdi Multimedia)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower it nor any of its Subsidiaries subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 19401940 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 Facility Agreement (Avaya Inc), Credit Facility Agreement (Avaya Inc), Credit Facility Agreement (Avaya Inc)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 19401940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935 or (c) subject to regulation as a "public utility" or a "public service corporation" or the equivalent under any Federal or state law.
Appears in 5 contracts
Samples: Credit Agreement (Robbins & Myers Inc), Credit Agreement (Robbins & Myers Inc), Credit Agreement (Robbins & Myers Inc)
Investment Company Act; Public Utility Holding Company Act. (a) Neither the Parent, the Borrower nor any of its Subsidiaries is (a) an "investment company" or a company "controlled" by an "investment company" within the meaning of, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a "holding company" or "subsidiary company" as defined in, or subject to regulation under, the Investment Public Utility Holding Company Act of 19401935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Artecon Inc /De/)
Investment Company Act; Public Utility Holding Company Act. Neither any Borrower nor any Subsidiary thereof (a) Neither the Borrower nor any of its Subsidiaries is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 19401940 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. (a) Neither the Borrower nor any of its Subsidiaries is an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 19401940 (the "1940 Act").
Appears in 1 contract
Samples: Credit Facility Agreement (Texas Utilities Electric Co)
