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)
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
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
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)