Investment Company Act; Public Utility Holding Company Act. Neither it nor any of its Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation as a "holding company" under the Public Utility Holding Company Act of 1935.
Appears in 6 contracts
Samples: Credit Agreement (Equistar Chemicals Lp), Credit Agreement (Millennium Chemicals Inc), Credit Agreement (Lyondell Chemical Co)
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it the Company nor any of its Subsidiaries is subject to regulation as a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Group 1 Automotive Inc), Revolving Credit Agreement (Group 1 Automotive Inc), Group 1 Automotive Inc
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its the Subsidiaries is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation as 1940 or (b) a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Playboy Enterprises Inc), Credit Agreement (Conexant Systems Inc), Credit Agreement (Conexant Systems Inc)
Investment Company Act; Public Utility Holding Company Act. Neither it Borrower nor any of its Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it Borrower nor any of its Subsidiaries is subject to regulation as a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Northwestern Steel & Wire Co), Credit Agreement (Northwestern Steel & Wire Co), Credit Agreement (Northwestern Steel & Wire Co)
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation , as amended or (b) a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 3 contracts
Samples: Investment Agreement (Sunsource Inc), Investment Agreement (Sunsource Inc), Investment Agreement (Blue Rhino Corp)
Investment Company Act; Public Utility Holding Company Act. Neither it the Borrower nor any of its Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it the Borrower nor any of its Subsidiaries is subject to regulation as a "holding company" under 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 Agreement (Ace Cash Express Inc/Tx), Credit Agreement (Ace Cash Express Inc/Tx), Credit Agreement (Ace Cash Express Inc/Tx)
Investment Company Act; Public Utility Holding Company Act. Neither it any Borrower nor any of its Restricted Subsidiaries is an "investment company" as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended. Neither it any Borrower nor any of its Restricted Subsidiaries is subject to regulation as a "holding company" under 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 2 contracts
Samples: Master Loan Agreement (Knology Inc), Master Loan Agreement (Knology Inc)
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is 1940 or (b) a “holding company” as defined in, or subject to regulation as a "holding company" under under, the Public Utility Holding Company Act of 1935.. Credit Agreement
Appears in 2 contracts
Samples: Credit Agreement (Newell Rubbermaid Inc), Credit Agreement (Newell Rubbermaid Inc)
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940. Neither it nor any , as amended, or a "holding company", or a "subsidiary company" of its Subsidiaries is subject to regulation as a "holding company", or an "affiliate" of a "holding company" under 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: Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "“investment company" as defined in, or is otherwise subject to regulation under, ” within the meaning of the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation , as amended, or a "“holding company" under ”, or a “subsidiary company” of a “holding company”, or 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: Term Loan Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither it Borrower nor any of its Material Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Neither it nor any of its Subsidiaries is subject to regulation as a "holding company" under the Public Utility Holding Company Act of 1935.Either:
Appears in 2 contracts
Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)
Investment Company Act; Public Utility Holding Company Act. Neither it nor None of the Company or any of its the Subsidiaries is an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended. Neither it nor None of the Company or any of its the Subsidiaries is subject to regulation as a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Providian Corp
Investment Company Act; Public Utility Holding Company Act. Neither it the Borrower nor any of its Restricted Subsidiaries is (a) an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is 1940 or (b) a “holding company” as defined in, or subject to regulation as a "holding company" under under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "“investment company" ” or company “controlled” by an investment company as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it the Company nor any of its Subsidiaries is a “holding company” as defined in, or subject to regulation as a "holding company" under under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Revolving Credit Agreement (Group 1 Automotive Inc)
Investment Company Act; Public Utility Holding Company Act. Neither it the Borrower nor any of its Subsidiaries is an "investment company," as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended. Neither it the Borrower nor any of its Subsidiaries is subject to regulation as a "holding company" under ", 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 it the Company nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is , as amended or (b) a “holding company” as defined in, or subject to regulation as a "holding company" under under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. (a) Neither it such Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation as a "holding company" under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither it the Borrower nor any of its the Subsidiaries is (a) an "investment company" as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation as 1940 or (b) a "holding company" under 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 it nor any of its Subsidiaries subsidiaries is an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries subsidiaries is subject to regulation as a "“holding company" ” under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "investment company" or a company "controlled" by an investment company as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it the Company nor any of its Subsidiaries is subject to regulation as a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Security and Pledge Agreement (Asbury Automotive Group Inc)
Investment Company Act; Public Utility Holding Company Act. (a) Neither it the Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither it nor any of its Subsidiaries is subject to regulation as a "holding company" under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither it the Company nor any of its Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or is otherwise subject to regulation under, the Investment Company Act of THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT 71 73 1940. Neither it the Company nor any of its Subsidiaries is subject to regulation as a "holding company" under as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
