Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 106 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (Nuco2 Inc /Fl), Credit Agreement (Carcomp Services Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 65 contracts
Samples: Credit Facility Agreement (Arch Capital Group Ltd.), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 55 contracts
Samples: Credit Agreement (Laureate Education, Inc.), Credit Agreement (Laureate Education, Inc.), Credit Agreement (Culp Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 46 contracts
Samples: Term Loan Agreement (NeuroPace Inc), Term Loan Agreement (NeuroPace Inc), Agreement (Decipher Biosciences, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 46 contracts
Samples: Credit Agreement (Home Depot Inc), Credit Agreement (Airborne Freight Corp /De/), Pledge Agreement (Fairpoint Communications Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is (a) an "“investment company" ” or a company "is “controlled" ” by an "“investment company," within the meaning of ”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedamended and in effect from time to time, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from, or registration or filing with, any Governmental Authority in connection therewith.
Appears in 37 contracts
Samples: Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.), Term Loan Agreement (Sila Realty Trust, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 36 contracts
Samples: Credit Agreement (Huntsman International LLC), Credit Agreement (Moneygram International Inc), Credit Agreement
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 33 contracts
Samples: Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 29 contracts
Samples: Year Credit Agreement (NOV Inc.), Credit Agreement (CERNER Corp), Credit Agreement (National Oilwell Varco Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 (Brinker International Inc), Credit Agreement (Stone Energy Corp), Security Agreement (Arkansas Best Corp /De/)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Subordinated Note Purchase Agreement (Polymer Group Inc), Credit Agreement (Panavision Inc), Credit Agreement (Premier Parks Inc)
Investment Company Act. Neither the Borrower nor any of its ---------------------- Subsidiaries is 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 22 contracts
Samples: Security Agreement (Extended Stay America Inc), 364 Day Credit Agreement (Transocean Sedco Forex Inc), Secured Credit Agreement (Palex Inc)
Investment Company Act. Neither the Borrower Borrower, the Parent nor any of its their respective Subsidiaries is 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 22 contracts
Samples: Senior Secured Term Loan Agreement (Seritage Growth Properties), Senior Unsecured Term Loan Agreement (Seritage Growth Properties), Senior Unsecured Term Loan Agreement (Seritage Growth Properties)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 20 contracts
Samples: Credit Agreement (Legacy Reserves Inc.), Term Loan Credit Agreement (Legacy Reserves Inc.), Term Loan Credit Agreement (Legacy Reserves Lp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 (National Fuel Gas Co), Assignment and Assumption (National Fuel Gas Co), Credit Agreement (National Fuel Gas Co)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Loan Agreement, Loan Agreement (Natural Gas Services Group Inc), Credit Agreement (Omnicare Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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: Credit Agreement (Seacor Holdings Inc /New/), Credit Agreement (Seacor Holdings Inc /New/), Credit Agreement (Radio One, Inc.)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Intercreditor Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Concordia International Corp.)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Investment Company Act. Neither Holdings nor the Borrower nor any of its Subsidiaries is 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 14 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Rockwood Holdings, Inc.), Security Agreement (Rockwood Holdings, Inc.)
Investment Company Act. Neither the U.S. Borrower nor any of its Subsidiaries is 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 13 contracts
Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.), Credit Agreement (Dole Food Co Inc)
Investment Company Act. Neither the Borrower nor any of its Relevant Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Credit Agreement (Aris Water Solutions, Inc.), Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ”, as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Credit Agreement (United Community Banks Inc), Credit Agreement (Hancock Holding Co), 364 Day Revolving Credit Agreement (BNC Bancorp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Day Credit Agreement (Williams Sonoma Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 8 contracts
Samples: Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 8 contracts
Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Titanium Metals Corp), Credit Agreement (Gaylord Container Corp /De/)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "“investment company" ,” or a company "“controlled" ” by an "“investment company," within the meaning of ” required to be regulated under the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Las Vegas LLC)
Investment Company Act. Neither None of the Borrower nor Borrowers or any of its their respective Subsidiaries is 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 7 contracts
Samples: Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries the Company is an "investment company", or an "affiliated company" or a company "controlledprincipal underwriter" by of an "investment company," within the meaning of ", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Revolving Credit and Guaranty Agreement (Sl Green Realty Corp), Term Loan Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 subject to any Federal or state statute or regulation which limits its ability to incur indebtedness.
Appears in 7 contracts
Samples: Master Loan and Security Agreement (MortgageIT Holdings, Inc.), Master Loan and Security Agreement (E Loan Inc), Master Loan and Security Agreement (New York Mortgage Trust Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ”, or an “affiliated company” or a company "controlled" by “principal underwriter” of an "“investment company," within the meaning of ”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Safety Insurance Group Inc), Credit Agreement (City Office REIT, Inc.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement and Guaranty (Invitae Corp), Credit Agreement and Guaranty (ArcherDX, Inc.)
Investment Company Act. Neither the any Borrower nor any of its Subsidiaries is 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 7 contracts
Samples: Credit Agreement (Visa Inc.), Revolving Credit Agreement (Visa Inc.), Year Revolving Credit Agreement (Visa Inc.)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by subject to regulation as an "“investment company," within the meaning of ” under, the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Master Loan and Security Agreement (BNC Mortgage Inc), Master Loan and Security Agreement (Doral Financial Corp), Master Loan and Security Agreement (Long Beach Financial Corp)
Investment Company Act. Neither the Borrower nor any of its Consolidated Subsidiaries is are an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC)
Investment Company Act. Neither the Company nor the Borrower nor any of its Subsidiaries is 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: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries the other Credit Parties is 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: Credit Agreement (C2 Inc), Credit Agreement (C2 Inc), Credit Agreement (Journal Communications Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Credit Agreement (Doral Financial Corp), Credit Agreement (Doral Financial Corp), Mortgage Warehouse Loan and Security Agreement (Premier Bancshares Inc /Ga)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "“investment company” or a “subsidiary” of an “investment company," ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Term Loan and Revolving Credit Agreement (Byline Bancorp, Inc.), Revolving Credit Agreement (Byline Bancorp, Inc.), Loan and Security Agreement (Ulta Beauty, Inc.)
Investment Company Act. Neither the Borrower nor any of its Consolidated Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Evolve Transition Infrastructure LP), Credit Agreement (Sanchez Midstream Partners LP), Credit Agreement (Sanchez Production Partners LP)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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, Loan Agreement (Compressco Inc), Loan Agreement (Compressco Inc)
Investment Company Act. Neither the Borrower nor any of its the Restricted Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement, Credit Agreement (Enviva Partners, LP)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "“investment company" or a company "controlled" by an "investment company," within the meaning of ” as defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Atlantic City Electric Co)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company,Investment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Gulf Island Fabrication Inc), Credit Agreement (Gulf Island Fabrication Inc), Revolving Credit and Term Loan Agreement (Gulf Island Fabrication Inc)
Investment Company Act. Neither None of the Borrower Borrowers nor any of its Subsidiaries is 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 (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" controlled by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)
Investment Company Act. Neither None of the Borrower Borrowers nor any of its respective Subsidiaries is 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: Pledge Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc), Credit Agreement (Crown Holdings Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "investment company" or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended, or, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company, within the meaning of said Act.
Appears in 5 contracts
Samples: Credit Agreement (Oceaneering International Inc), Loan Agreement (Oceaneering International Inc), Credit Agreement (Oceaneering International Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "a “registered investment company" ”, or an “affiliated company” or a company "controlled" by an "“principal underwriter” of a “registered investment company," within the meaning of ”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Waste Management Inc), Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" ", or a company "controlled" by an "investment company," ", within the meaning of the Investment Company Act of 1940, as amended. Neither Borrowers is subject to any Federal or state statute or regulation which limits its ability to incur indebtedness.
Appears in 4 contracts
Samples: Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Financial Corp/De)
Investment Company Act. Neither the Borrower nor any of its Borrower's Subsidiaries is 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: Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc)
Investment Company Act. Neither the Borrower nor any of its the Borrower’s Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc)
Investment Company Act. Neither the Borrower Borrower, the Parent nor any of its their respective Subsidiaries is 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: Credit Agreement (Lasalle Hotel Properties), Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc), Credit Agreement (Lasalle Hotel Properties)
Investment Company Act. Neither of the Borrower nor any of its Subsidiaries Borrowers is 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 Agreement (M I Homes Inc), Revolving Credit Agreement (M I Schottenstein Homes Inc), Revolving Credit Agreement (M I Schottenstein Homes Inc)
Investment Company Act. Neither the such Borrower nor any of its Restricted Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co), Credit Facility Agreement (Weyerhaeuser Co)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Master Loan and Security Agreement (Capital Trust Inc), Master Loan and Security Agreement (Capital Trust), Loan Agreement (Capital Trust Inc)
Investment Company Act. Neither the Borrower Borrower, nor any of its Subsidiaries Subsidiary, nor any Partnership, nor any LLC is 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: Loan Agreement (Amsurg Corp), Loan Agreement (Amsurg Corp), Loan Agreement (Amsurg Corp)
Investment Company Act. Neither None of the Borrower nor any of its Subsidiaries is 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: And Assumption Agreement (Vantas Inc), Credit Agreement (Moovies Inc), Credit Agreement (Thane International Inc)
Investment Company Act. Neither the Borrower nor any of its Borrower’s Subsidiaries is 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: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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: Credit Agreement (Urban One, Inc.), Credit Agreement (About, Inc.), Credit Agreement (TAL International Group, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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: Credit Agreement (Gateway Trade Center Inc.), Credit Agreement (Vishay Precision Group, Inc.), Credit Agreement (Saratoga Resources Inc /Tx)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is are 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: Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (National Research Corp), Credit Agreement (BOSTON OMAHA Corp)
Investment Company Act. Neither the No Borrower nor any of its their Subsidiaries is 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: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (American Home Mortgage Holdings Inc), Master Loan and Security Agreement (American Home Mortgage Holdings Inc)
Investment Company Act. Neither the Borrower Borrower, its Subsidiaries nor any of its Subsidiaries Affiliate thereof, is 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: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)
Investment Company Act. Neither the No Borrower nor any of its Subsidiaries is 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: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "controlled" by an "“affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company," within the meaning of ” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Co), Credit Agreement (McDermott International Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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: Third Lien Senior Secured Term Loan Agreement (Alta Mesa Holdings, LP), Senior Secured Term Loan Agreement (Alta Mesa Holdings, LP), Credit Agreement (Kate Spade & Co)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is (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 (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 4 contracts
Samples: Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Term Loan Agreement, Term Loan Agreement (Weyerhaeuser Co), Term Loan Agreement (Weyerhaeuser Co)
Investment Company Act. Neither the U.S. Borrower nor any of its the Subsidiaries is, or is an "investment company" or a company "controlled" by regulated as an "investment company," within the meaning of as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Evi Inc), Credit Agreement (Evi Weatherford Inc), Credit Agreement (Weatherford International Inc /New/)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended, or, directly or indirectly, controlled by or acting on behalf of any Person which is an investment company, within the meaning of said Act.
Appears in 3 contracts
Samples: Loan Agreement (America West Resources, Inc.), Loan Agreement (America West Resources, Inc.), Credit Agreement (Sterling Chemicals Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” registered or a company "controlled" by an "investment company," within the meaning of required to be registered under the Investment Company Act of 1940, as amended, nor is it controlled by such a company.
Appears in 3 contracts
Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc)
Investment Company Act. Neither None of the Borrower Borrowers nor any of its Subsidiaries is 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 (Mediacom Capital Corp), Credit Agreement (Mediacom Capital Corp), Credit Agreement (Mediacom Communications Corp)
Investment Company Act. Neither the such Borrower nor any of its Relevant Subsidiaries is 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: Secured Credit Agreement (Cross Border Resources, Inc.), Secured Credit Agreement (Cross Border Resources, Inc.), Secured Credit Agreement (Red Mountain Resources, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" controlled by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc), Loan Agreement (Taylor Capital Group Inc)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is 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 (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP)
Investment Company Act. Neither the Borrower nor any of its Restricted Subsidiaries is an "“investment company" ” or a company "is “controlled" ” by an "“investment company," within the meaning of ”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Restatement Agreement (EVO Payments, Inc.), Second Lien Credit Agreement (EVO Payments, Inc.), First Lien Credit Agreement (EVO Payments, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company an "controlledaffiliated person" by or "promoter" of, or "principal underwriter" of or for, an "investment company," within the meaning of ", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Secured Revolving Loan Agreement (Talbots Inc), Term Loan Agreement (Talbots Inc), Term Loan Agreement (Talbots Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended, nor is it, directly or indirectly, controlled by or acting on behalf of any Person that is an investment company within the meaning of such Act.
Appears in 3 contracts
Samples: Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower is 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 (E Loan Inc), Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Mortgage Com Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "investment company," company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Life Time Fitness Inc), Credit Agreement (Life Time Fitness Inc), Credit Agreement (Life Time Fitness Inc)
Investment Company Act. Neither the any Borrower nor any of its Subsidiaries is an "“investment company" ” as defined in, or a company "controlled" by an "investment company," within the meaning of subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries Related Company is an "“investment company" ”, or an “affiliated company” or a company "controlled" by “principal underwriter” of an "“investment company," within the meaning of ”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Unsecured Revolving Credit Agreement (Amerivest Properties Inc), Revolving Credit Agreement (Amerivest Properties Inc), Revolving Credit Agreement (Amerivest Properties Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 (Pioneer Natural Resources Co), Pledge Agreement (Pioneer Natural Resources Co), Pledge Agreement (Pioneer Natural Resources Co)
Investment Company Act. Neither the Borrower Borrower, the Guarantors nor any of its Subsidiaries is 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 (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)
Investment Company Act. Neither the Borrower Borrower, nor any of its Subsidiaries Subsidiaries, is 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 (Todco), Credit Agreement (General Maritime Corp/), Credit Agreement (General Maritime Corp/)
Investment Company Act. Neither the No Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company," within (as each of the meaning of quoted terms is defined or used in the Investment Company Act of 1940, as amended).
Appears in 3 contracts
Samples: Loan and Security Agreement (American Aircarriers Support Inc), Loan and Security Agreement (Supreme International Corp), Loan and Security Agreement (Kellstrom Industries Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is directly or indirectly controlled by or acting on behalf of any person which is 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: Term Loan Credit Agreement (Chesapeake Utilities Corp), Term Loan Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any of its Subsidiaries is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 3 contracts
Samples: Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/), Credit Agreement (Flotek Industries Inc/Cn/)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "controlled" by an "“affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company," within the meaning of ”, as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Allegro Microsystems Inc), Short Term Loan Agreement (Talbots Inc), Guaranty Agreement (Talbots Inc)
Investment Company Act. Neither Other than Xxxxxx Xxxx Investors, Inc., neither the Borrower nor any of its Subsidiaries is an "“investment company" ” or a company "controlled" “controlled by an "investment company," ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Horace Mann Educators Corp /De/), Credit Agreement (Horace Mann Educators Corp /De/), Credit Agreement (Horace Mann Educators Corp /De/)
Investment Company Act. Neither the Borrower nor any of its the Subsidiaries is 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 (Thomaston Mills Inc), Credit and Security Agreement (Thomaston Mills Inc), Credit and Security Agreement (Thomas & Betts Corp)
Investment Company Act. Neither In the case of the Borrower only, neither it nor any of its Subsidiaries is 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: Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv), Conformed Copy (Buhrmann Nv)
Investment Company Act. Neither the Borrower nor any of its ---------------------- Subsidiaries is 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 (Alliance Imaging Inc /De/), Credit Agreement (Young Broadcasting Inc /De/), Credit Agreement (Nesco Inc/Ok)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" by 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: Security Agreement (Raptor Pharmaceutical Corp), Security Agreement (Raptor Pharmaceutical Corp), Security Agreement (Raptor Pharmaceutical Corp)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is an "investment company" or a company "controlled" controlled by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Seabulk Offshore LTD), Credit Agreement (Seabulk International Inc), Credit Agreement (Hvide Marine Inc)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is 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 (Williams Sonoma Inc), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)
Investment Company Act. Neither the Borrower nor any of its Subsidiaries is are an "“investment company" ” or a company "“controlled" ” by an "“investment company," ” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (APEG Energy II, LP), Credit Agreement (Diamondback Energy, Inc.), Credit Agreement (Us Energy Corp)
