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

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither Holdings nor the Borrower nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or ", a "holding company" or a "subsidiary company" of a "holding company," ", as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company” or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended amended, or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the U.S. Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither Holdings, the Borrower nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended 1940 or (b) a "holding company," or an "affiliate" or ", a "holding company" or a "subsidiary company" of a "holding company," ", as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Holdings nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Material Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor or any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Group nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal PRINCIPAL underwriter" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding companyHOLDING COMPANY," or an "affiliateAFFILIATE" or a "holding companyHOLDING COMPANY" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the U.S. Borrower nor any of its Material Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" Person” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” of a “holding company” or a "holding company" or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any Subsidiary of its Subsidiaries the Borrower is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Borrowers nor any of its their respective Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower Company nor any of its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ” or a "“holding company" ” or a "“subsidiary company" ” of a "“holding company," ” as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any of and its Subsidiaries is (a) an "“investment company" ” or an "“affiliated person" ” of, or "“promoter" ” or "“principal underwriter" ” for, an "“investment company," ” as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "“holding company," ” or an "“affiliate" ”, a “holding company” or a "“subsidiary company” of a “holding company" or a "subsidiary company" of a "holding company," ”, as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended 1940 or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated personPerson" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company," or an "affiliate" or a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended amended, or (b) a "holding company," or an "affiliate" or of a "holding company" or a "subsidiary company" of a "holding company," as each such term is defined and used in the Public Utility Holding Act of 1935, as amended.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor Parent or any of its Subsidiaries is (a) an "investment companyINVESTMENT COMPANY" or an "affiliated personAFFILIATED PERSON" of, or "promoterPROMOTER" or "principal underwriterPRINCIPAL UNDERWRITER" for, an "investment companyINVESTMENT COMPANY," as such terms are defined in the Investment Company Act of 1940, as amended or (b) a "holding company,HOLDING COMPANY" or an "affiliateAFFILIATE" of a "HOLDING COMPANY" or a "holding company" or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY," as each such term is defined and used in the Public Utility Holding Company Act of 1935, as amended.