Common use of Government Approval, Regulation, etc Clause in Contracts

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated herein, in each case by the parties thereto. No Borrower nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

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Government Approval, Regulation, etc. No approval, consent, exemption, authorization or approval or other action by, and no or notice to to, or filing with, any Governmental Authority, Authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) effect is necessary or required for the consummation of the IPO, the transactions contemplated herein hereby or the due execution, delivery or performance by such Borrower by, or to make enforceable against, the Credit Parties, the Notes or any other Obligor of any Loan Document to which it is a party, party or for the due execution, delivery and/or performance granting of the documents evidencing the transactions Liens contemplated herein, in each case by the parties theretoSecurity Documents. No Borrower nor any None of their respective Subsidiaries the Credit Parties is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, . None of the Credit Parties is a “holding company,” or a "“subsidiary company” of a “holding company", ,” or a "subsidiary company" an “affiliate” of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Holdings Company Act of 1935, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Spirit Realty Capital, Inc.), Credit Agreement (Spirit Realty Capital, Inc.)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, governmental authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower any Guarantor of this Guaranty or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of Transaction Documents by such Guarantor (if applicable), or the documents evidencing consummation of the transactions contemplated herein, in each case Transaction by such Guarantor (if applicable). None of the parties thereto. No Borrower nor Guarantors or any of their its respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Subsidiary Guaranty (World Almanac Education Group Inc)

Government Approval, Regulation, etc. No material authorization or material approval or other action by, and no material notice to or material filing with, any Governmental Authority, Authority or regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinSenior Secured Note Documents, in each case by the parties theretothereto or the consummation of the Transaction other than in connection with the registration of the Exchange Notes (as defined in the Senior Secured Note Indenture). No Borrower Obligor nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sterling Chemical Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect, and other than those filings required to be made after the Closing Date) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction. No Neither the Borrower nor any of their respective Subsidiaries its Consolidated Entities is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Patent Security Agreement (United Surgical Partners International Inc)

Government Approval, Regulation, etc. No [Except as disclosed on Schedule 4.3], no material authorization or approval or other action by, and no material notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Date Date, will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or (i) the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, party or for (ii) the due execution, delivery and/or performance by any Obligor of the documents evidencing Material Transaction Documents to which each is a party, or (iii) the transactions contemplated herein, in each case by conduct of the parties theretobusiness of Borrower and its Subsidiaries as currently conducted following the Closing Date. No Neither Holdings nor Borrower nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Bridge Loan Agreement (Associated Materials Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the applicable Closing Date will be, duly obtained or made and which are, or on the applicable Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein U.K. Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinU.K. Transaction Documents, in each case by the parties theretothereto or the consummation of the U.K. Transaction. No Neither the U.S. Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Government Approval, Regulation, etc. No Other than those authorizations, approvals or other actions by, and notices to or filings with, any governmental authority or regulatory body, if any, which have been duly obtained or made and are in full force and effect, no additional authorization or approval or other action by, and no additional notice to or filing with, any Governmental Authority, governmental authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for the due execution, delivery and/or performance Borrower's and each such other Obligor's participation in the consummation of the documents evidencing Transaction. Neither the transactions contemplated herein, in each case by the parties thereto. No Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Budget Group Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, governmental authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, been duly obtained or made and which are, or on the Closing Date will be, are in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Holdings, either Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction (except where the failure to obtain or make any such authorization, approval, action, notice or filing could not reasonably be expected to have a Material Adverse Effect). No None of Holdings, either Borrower nor or any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (WRC Media Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated herein, in each case by the parties thereto. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Marvel Enterprises Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which that are, or on the Closing Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Energy Xxi (Bermuda) LTD)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the Acquisition or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document or Related Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated herein, in each case by the parties thereto. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Municipal Mortgage & Equity LLC)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein (including the Senior Unsecured Notes Offering) or the due execution, delivery or performance by such the Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinherein (including the Senior Unsecured Notes Documents), in each case by the parties thereto. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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Government Approval, Regulation, etc. No Other than those authorizations, approvals or other actions by, and notices to or filings with, any governmental authority or regulatory body, if any, which have been duly obtained or made and are in full force and effect, no additional authorization or approval or other action by, and no additional notice to or filing with, any Governmental Authority, governmental authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such Borrower the Borrower, the Parent or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for the due executionBorrower's, delivery and/or performance the Parent's and each such other Obligor's participation in the consummation of the documents evidencing Transaction. Neither the transactions contemplated hereinBorrower, in each case by the parties thereto. No Borrower Parent nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Budget Group Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated herein, in each case by the parties thereto. No Borrower nor any of their respective Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Government Approval, Regulation, etc. No Except as disclosed in Item 6.3 of the Disclosure Schedule, no authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body Authority or other Person (other than those that have been, or on the Closing Effective Date will be, duly obtained or made and which are, or on the Closing Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Refinancing or the due execution, delivery or performance by such Borrower or any other each Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of any documents executed, delivered and/or performed in connection with the documents evidencing the transactions contemplated hereinRefinancing, in each case by the parties theretothereto or the consummation of the Refinancing. No Borrower nor any member of their respective Subsidiaries the Consolidated Group is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (CTC Communications Group Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body or other Person Authority (other than those that have been, or on the Closing Amendment Effective Date will be, duly obtained or made and which are, or on the Closing Amendment Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Reddy Ice Holdings Inc)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, regulatory body or other Person Authority (other than those that have been, or on the Closing Amendment Effective Date will be, duly obtained or made and which are, or on the Closing Amendment Effective Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Reddy Ice Holdings Inc)

Government Approval, Regulation, etc. No material ------------------------------------ authorization or approval or other action by, and no material notice to or filing with, any Governmental Authority, governmental authority or regulatory body or other Person (other than those that have been, or on or immediately after the Closing Date will be, duly obtained or made and which are, or on or immediately after the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein or the due execution, delivery or performance by such the Borrower or any other Obligor of this Agreement, the Notes or any other Loan Document to which it is a party, or for the due execution, delivery and/or performance Borrower's and each such other Obligor's participation in the consummation of the documents evidencing Acquisition, except as have been duly obtained or made and are in full force and effect. Neither the transactions contemplated herein, in each case by the parties thereto. No Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Roberts Pharmaceutical Corp)

Government Approval, Regulation, etc. No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority, Authority or regulatory body or other Person (other than those that have been, or on the Closing Date will be, duly obtained or made and which are, or on the Closing Date will be, in full force and effect) is required for the consummation of the transactions contemplated herein Transaction or the due execution, delivery or performance by such the Borrower or any other Obligor of any Loan Document to which it is a party, or for the due execution, delivery and/or performance of the documents evidencing the transactions contemplated hereinTransaction Documents, in each case by the parties theretothereto or the consummation of the Transaction, except for any of the foregoing, the failure of which to make or obtain such authorization or approval (individually or in the aggregate) could not reasonably be expected to have a Material Adverse Effect. No Neither the Borrower nor any of their respective its Subsidiaries is an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Royster-Clark Nitrogen Realty LLC)

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