Common use of Limitation on Status as Investment Company Clause in Contracts

Limitation on Status as Investment Company. The Company will not, and will not permit any of its Subsidiaries to, be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be subject to regulation under the Investment Company Act.

Appears in 5 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Tia Indenture (Jazz Casino Co LLC)

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Limitation on Status as Investment Company. The Company will not, and will not permit any of its Subsidiaries or Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amendedAct), or otherwise be become subject to regulation under the Investment Company Act. For purposes of establishing the Company's compliance with this provision, any exemption that is or would become available under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act will be disregarded.

Appears in 3 contracts

Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Rhythms Net Connections Inc

Limitation on Status as Investment Company. The None of the Company will not, and will not permit any of its Subsidiaries to, be shall become required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation under the Investment Company Act.

Appears in 2 contracts

Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)

Limitation on Status as Investment Company. The Company will shall not, and will shall not permit any Restricted Subsidiary of its Subsidiaries the Company to, conduct its business in a fashion that would cause it to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation under the Investment Company ActAct of 1940.

Appears in 2 contracts

Samples: Cellular Communications International Inc, Cellular Communications International Inc

Limitation on Status as Investment Company. The Neither the Company will not, and will not permit nor any of its Subsidiaries to, shall be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: HPSC Inc

Limitation on Status as Investment Company. The Company will not, and will the Subsidiaries shall not permit any of its Subsidiaries to, be become required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation under the Investment Company Act.

Appears in 1 contract

Samples: NPR Inc

Limitation on Status as Investment Company. The Company will not, and will not permit any of its Subsidiaries to, be are prohibited from being required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or from otherwise be becoming subject to regulation under the Investment Company ActAct of 1940.

Appears in 1 contract

Samples: Indenture (Riviera Black Hawk Inc)

Limitation on Status as Investment Company. The Company will shall not, and will shall not permit any of its Subsidiaries or controlled Affiliates to, conduct its business in a fashion that would cause the Company to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation under the Investment Company ActAct of 1940, as amended.

Appears in 1 contract

Samples: Indenture (Uih Australia Pacific Inc)

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Limitation on Status as Investment Company. The Company will not, not and will not permit any of its Restricted Subsidiaries to, to be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or from otherwise be becoming subject to regulation under the Investment Company Act.

Appears in 1 contract

Samples: Supplemental Indenture (Encore Industries Inc /Ga)

Limitation on Status as Investment Company. The ------------------------------------------- Company will not, and will not permit any of its Subsidiaries to, be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be subject to regulation under the Investment Company Act.

Appears in 1 contract

Samples: Tia Indenture (Jazz Casino Co LLC)

Limitation on Status as Investment Company. The Company will not, and will not permit any of its Subsidiaries to, shall be prohibited from being required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amendedamended (the "Investment Company Act")), or from otherwise be becoming subject to registration or regulation under the Investment Company Act.

Appears in 1 contract

Samples: Panolam Industries Inc

Limitation on Status as Investment Company. The 39 Neither the Company will not, and will not permit nor any of its Subsidiaries to, shall be required to register as an "investment company" (as that term is defined in the Investment Company Act of 1940, as amended), or otherwise be become subject to regulation as an investment company under the Investment Company Act.

Appears in 1 contract

Samples: Indenture (HPSC Inc)

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