Government Regulation. Neither Borrower nor any Subsidiary of Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Assignment and Assumption (Nicor Inc), Assignment and Assumption (Northern Illinois Gas Co /Il/ /New/), Assignment and Assumption (Northern Illinois Gas Co /Il/ /New/)
Government Regulation. Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 11 contracts
Samples: Term Loan Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Term Loan Credit Agreement (Black Hills Corp /Sd/)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (NRG Energy Inc), Credit Agreement (NRG Energy Inc), Credit Agreement (NRG Energy Inc)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Peoples Energy Corp), Seasonal Credit Agreement (Peoples Energy Corp)
Government Regulation. Neither Borrower nor any Subsidiary of Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. All approvals, if any, which a Borrower is required to obtain as a result of it being subject to the Public Utility Holding Company Act of 1935, as amended, have been obtained.
Appears in 6 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Government Regulation. Neither Borrower nor any Subsidiary of Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended. All approvals, if any, which the Borrower is required to obtain as a result of it being subject to the Public Utility Holding Company Act of 1935, as amended, have been obtained.
Appears in 6 contracts
Samples: Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Day Credit Agreement (Nicor Inc), Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Government Regulation. (a) Neither Borrower nor any Subsidiary of Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower 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 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 4 contracts
Samples: Credit and Guaranty Agreement (Key Components LLC), Credit and Guaranty Agreement (Key Components Finance Corp), Credit Agreement (Chiquita Brands International Inc)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, or to the extent a Subsidiary is an "investment company," it is properly registered with the SEC.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement (Lasalle Partners Inc), Credit Agreement (Lasalle Partners Inc), Credit Agreement (Jones Lang Lasalle Inc)
Government Regulation. Neither Borrower nor any Subsidiary of a Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Government Regulation. (a) Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
Government Regulation. Neither the U.S. Borrower nor any Subsidiary of Borrower thereof is an “investment company” within the meaning of or a company “controlled” by an “investment company” (as each such term is defined or used in the Investment Company Act of 1940, as amended).
Appears in 2 contracts
Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Government Regulation. Neither Borrower nor any Subsidiary of a Borrower is an “investment company” within the meaning of the Investment Company Act of 1940, as amended."
Appears in 2 contracts
Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower thereof is an “investment company” within the meaning of or a company “controlled” by an “investment company” (as each such term is defined or used in the Investment Company Act of 1940, as amended).
Appears in 2 contracts
Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower its Subsidiaries is 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 2 contracts
Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower 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, and neither the Borrower nor any of its Subsidiaries is, or after giving effect to any Advance will be, subject to any Legal Requirement which limits its ability to incur or consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (NOW Inc.), Credit Agreement (NOW Inc.)
Government Regulation. (a) Neither Borrower nor any Subsidiary of Borrower is an “investment company” within company”within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Government Regulation. Neither the Borrower nor any Subsidiary of Borrower its Subsidiaries is an “"investment company” within the meaning of " or a company "controlled" by an "investment company" (as each such term is defined or used in the Investment Company Act of 1940, as amended) and neither the Borrower nor any of its Subsidiaries is, or after giving effect to any Loan will be, subject to regulation under the Public Utility Holding Company Act of 1935 or the Interstate Commerce Act, each as amended.
Appears in 1 contract
Government Regulation. Neither Borrower nor any Subsidiary of Borrower 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 1 contract
