Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 106 contracts
Samples: Receivables Loan Agreement (Walter Investment Management Corp), Revolving Credit Agreement (PPL Electric Utilities Corp), Revolving Credit Agreement (LG&E & KU Energy LLC)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 66 contracts
Samples: Day Term Loan Agreement (Owens Corning), Subordinated Note Purchase Agreement (Vantagesouth Bancshares, Inc.), Loan Agreement (Sabra Health Care REIT, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 42 contracts
Samples: Assignment and Assumption (Arch Capital Group LTD), Loan Agreement (Omni Energy Services Corp), Credit Facility Agreement (Arch Capital Group Ltd.)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company,” each as defined in the Investment Company Act of 1940, as amended.
Appears in 41 contracts
Samples: Credit Agreement (Salesforce Com Inc), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Credit Agreement (Walgreens Boots Alliance, Inc.)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 40 contracts
Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Term Loan and Security Agreement (Strawberry Fields REIT, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 38 contracts
Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Td Synnex Corp), Plan of Merger (Tower Bancorp Inc)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 38 contracts
Samples: Year Credit Agreement (PPL Electric Utilities Corp), Day Credit Agreement (PPL Montana LLC), Year Credit Agreement (PPL Montana LLC)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/), Credit Agreement (Florida Rock Industries Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 29 contracts
Samples: Credit Agreement (Applied Materials Inc /De), Term Loan Credit Agreement (Applied Materials Inc /De), Credit Agreement (Applied Materials Inc /De)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 26 contracts
Samples: Credit Agreement (Microchip Technology Inc), Credit Agreement (Eftc Corp/), Credit and Security Agreement (Cryenco Sciences Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 24 contracts
Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Five Year Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Term Loan Agreement (Owens Corning), Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Enterprise Financial Services Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Development Loan Agreement (Nevada Geothermal Power Inc), Loan Agreement (Pinnacle Financial Partners Inc), Development Loan Agreement (Nevada Geothermal Power Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (Idacorp Inc), Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to registration under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 18 contracts
Samples: Loan and Security Agreement (Crescent Capital BDC, Inc.), And Collateral Management Agreement (First Eagle Credit Opportunities Fund), Loan and Security Agreement (Nuveen Churchill BDC INC.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amendedAct.
Appears in 18 contracts
Samples: Term Loan Credit Agreement (US Foods Holding Corp.), Credit Agreement (Great North Imports, LLC), Term Loan Credit Agreement (US Foods Holding Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 17 contracts
Samples: Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co), Credit and Security Agreement (Sanmina-Sci Corp)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Seventh Mezzanine Loan Agreement (Harrahs Entertainment Inc), Credit Agreement (Textainer Group Holdings LTD), Construction Loan Agreement (Shepherd's Finance, LLC)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Baxter International Inc), Credit Agreement (Cme Group Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Construction Loan Agreement (Shepherd's Finance, LLC), Business Loan Agreement (Landmark Bancorp Inc), Construction Loan Agreement (Shepherd's Finance, LLC)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Loan Agreement (First Wave Marine Inc), And Security Agreement (Crescent Banking Co), Credit Agreement (Star Buffet Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Bridge Credit Agreement (Aetna Inc /Pa/), Bridge Credit Agreement (Aetna Inc /Pa/), Financing Agreement (Imperium Renewables Inc)
Investment Company Act. (i) The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended1940 Act.
Appears in 11 contracts
Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD)
Investment Company Act. The Borrower is not an “"investment company” within the meaning ," as defined in Section 3 of the Investment Company Act 1940 Act, nor a company that would be an investment company, except for the exclusions from the definition of 1940an investment company in Section 3(C) of the 1940 Act, as amendedand Borrower is not controlled by such a company.
Appears in 11 contracts
Samples: Convertible Loan Agreement (Simtek Corp), Convertible Loan Agreement (Laserscope), Agreement (Cover All Technologies Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Revolving Credit Agreement (August Technology Corp), Credit Agreement (Lawson Software Inc), Credit Agreement (Alleghany Corp /De)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended., or required to register as an investment company under such Act. Section 5.10
Appears in 9 contracts
Samples: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Intra Group Credit Agreement (Avangrid, Inc.), Intra Group Loan Agreement (Avangrid, Inc.), Term Loan Agreement (PNM Resources Inc)
Investment Company Act. (i) The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit Agreement (Reef Oil & Gas Drilling & Income Fund, L.P.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of or otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Foresight Energy Partners LP), Credit Agreement And (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, in each case within the meaning of the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the U.S. Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: And Security Agreement (Home Diagnostics Inc), Loan and Security Agreement (Cryolife Inc), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or required to register as an investment company under such Act.
Appears in 6 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (PPL Energy Supply LLC), Term Loan Credit Agreement (PPL Electric Utilities Corp)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Loan Agreement (Soy Energy, LLC), Credit Agreement (Electromed, Inc.), Credit Agreement (Access Integrated Technologies Inc)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Morgans Foods Inc), Credit Agreement (Neose Technologies Inc), Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Pinnacle Gas Resources, Inc.), Credit Agreement (Toreador Royalty Corp), Credit Agreement (Gateway Energy Corp/Ne)
Investment Company Act. The Borrower is not an “"investment ---------------------- company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (PPL Corp), Credit Agreement (Wireless Facilities Inc)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Term Loan Agreement (Onyx Acceptance Corp), Revolving Credit Agreement (Prospect Medical Holdings Inc), Loan Agreement (Reschke Michael W)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Cooker Restaurant Corp /Oh/), Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc), Revolving Credit and Term Loan Agreement (Astrotech International Corp /New)
Investment Company Act. The Borrower is not an “investment company” Investment Company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Secured Loan Agreement (Pennsylvania Real Estate Investment Trust), Revolving Credit Agreement (Pennsylvania Real Estate Investment Trust), Revolving Credit and Term Loan Agreement (Pennsylvania Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “investment company” within the meaning of under the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Investment Company Act. The Such Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Iberdrola USA, Inc.), Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement (Avangrid, Inc.)
Investment Company Act. (i) The Borrower is not an “investment company” within the meaning of of, and is not subject to registration under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 5 contracts
Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Assignment Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/), Year Credit Agreement (Nationwide Financial Services Inc/)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)
Investment Company Act. The Borrower is not neither an “"investment company” " nor a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Century Casinos Inc /Co/), Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Monarch Casino & Resort Inc)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (ECC Capital CORP), Credit Agreement (Next Inc/Tn), Revolving Credit and Security Agreement (Aames Financial Corp/De)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Borrower Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aero Systems Engineering Inc), Revolving Credit Agreement (Lasersight Inc /De), Credit Agreement (Aero Systems Engineering Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company 1940 Act or is exempt from the provisions of 1940, as amendedthe 1940 Act.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Investment Company Act. The Borrower is not an “investment company” , or a company controlled by an investment company, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Motorcar Parts America Inc), Credit Agreement (Tri-S Security Corp), Credit Agreement (Tri-S Security Corp)
Investment Company Act. The Borrower is not an “investment company”, or an “affiliated company” within the meaning or a “principal underwriter” of an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Credit Agreement (Seacastle Inc.)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedAct.
Appears in 4 contracts
Samples: Credit Agreement (Pg&e Corp), Credit Agreement (Fifth Street Senior Floating Rate Corp.), Credit Agreement (Pacific Gas & Electric Co)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " under the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Mirant Corp), Credit Agreement (Mirant Americas Generating LLC), Credit Agreement (Mirant Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a Borrower "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Southwestern Energy Co), Assignment Agreement (Southwestern Energy Co), Assignment Agreement (Southwestern Energy Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to regulation under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 4 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan, Pledge and Security Agreement (Softech Inc), Loan, Pledge and Security Agreement (Softech Inc), Loan, Pledge and Security Agreement (Softech Inc)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company” each as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Walgreen Co), Bridge Term Loan Agreement (Walgreen Co), Credit Agreement (Walgreen Co)
Investment Company Act. The Borrower is not an “investment company or a company Controlled by an investment company” , within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Investment Company Act. The Borrower is not an “a "investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Humphrey Hospitality Trust Inc), Loan Agreement (Humphrey Hospitality Trust Inc), Loan Agreement (Humphrey Hospitality Trust Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of ”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Subordinated Term Loan Agreement (Privatebancorp, Inc), Subordinated Term Loan Agreement (Crescent Financial Corp), Subordinated Term Loan Agreement (United Community Banks Inc)
Investment Company Act. The Borrower is not not, nor is it controlled by, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Gruma Sa De Cv), Credit Agreement (Gruma Sab De Cv), Credit Agreement (Gruma Sab De Cv)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Rloc Credit Agreement (Healthier Choices Management Corp.), Rloc Credit Agreement (Healthier Choices Management Corp.), Credit Agreement (Healthier Choices Management Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of company as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or is required to be registered as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Assignment and Assumption (Alcoa Inc), Term Loan Agreement (Howmet Aerospace Inc.), Term Loan Agreement (Howmet Aerospace Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit and Security Agreement (Cohesant Technologies Inc), Credit and Security Agreement (Cohesant Technologies Inc), Credit Agreement (Syndicated Food Service International Inc)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (International Paper Co /New/), Financing Agreement (Quaker Chemical Corp), Financing Agreement (Met Pro Corp)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 19401940 of the United States, as amended.
Appears in 2 contracts
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Regan Holding Corp), Financing Agreement (Panda Ethanol, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Capital Associates Inc), Term Loan and Security Agreement (Novastar Financial Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a Person "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Frontier Airlines Inc /Co/), Secured Credit Agreement (Frontier Airlines Inc /Co/)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ," as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.. 5.11
Appears in 2 contracts
Samples: Credit Agreement (Laboratory Corp of America Holdings), Term Loan Credit Agreement (Laboratory Corp of America Holdings)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. bt. [Intentionally Omitted.]
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the United States Investment Company Act of 1940, 1940 as amended.;
Appears in 2 contracts
Samples: Loan Agreement (Mercer International Inc), Loan Agreement (Mercer International Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. Section 4.12.
Appears in 2 contracts
Samples: Year Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ameren Illinois Co), Credit Agreement (Ameren Illinois Co)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (HCS Ii Inc), Assignment Agreement (Washington Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)
Investment Company Act. The Borrower is not an “"investment company” " nor a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Spincycle Inc), Loan and Security Agreement (Spincycle Inc)
Investment Company Act. The Borrower is not an “investment company,” within the meaning of as defined in, or subject to registration under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. 7.10.
Appears in 2 contracts
Samples: Version Credit Agreement (Pitney Bowes Inc /De/), Version Credit Agreement (Pitney Bowes Inc /De/)
Investment Company Act. The Borrower is not an “"investment company” ' or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Analytical Surveys Inc), Credit Agreement (Electronic Fab Technology Corp)
Investment Company Act. The Borrower is not an “investment company”, nor a company “controlled” within the meaning of by an “investment company,” as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (MSG Spinco, Inc.), Loan Agreement (Madison Square Garden Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (PCT LLC), PCT LLC
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ", a company "controlled by" an "investment company" or a company required to register as an "investment company," each as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Investment Company Act. The Such Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Capmark Finance Inc.), Credit Agreement (Capmark Financial Group Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (Fieldstone Investment Corp), Revolving Credit and Security Agreement (Technical Olympic Usa Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Image Entertainment Inc), Credit Agreement (Image Entertainment Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Borrower is not a "holding company" or a "subsidiary" of a "holding company" as defined in the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Computer Associates International Inc), Credit Agreement (Computer Associates International Inc)
Investment Company Act. The Borrower is not an “"investment ---------------------- company", or a company "controlled" by an "investment company” ", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Life Financial Corp), Conectiv Inc
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled by an investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit and Reimbursement Agreement (Alliance Medical Corp), Credit Agreement (Onesource Technologies Inc)
Investment Company Act. The Borrower is not an “investment company” (within the meaning of the Investment Company Act of 1940, as amended).
Appears in 2 contracts
Samples: Credit Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Home Mortgage Holdings Inc), Credit and Security Agreement (American Home Mortgage Holdings Inc)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Credentials Services International Inc), Credit Agreement (Credentials Services International Inc)
Investment Company Act. The To the knowledge of Borrower, the Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Borrower is not an “"investment company” ", ---------------------- or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Conectiv Inc)
Investment Company Act. The Borrower is not an “investment company” nor a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amendedamended from time to time.
Appears in 1 contract
