Common use of Holding Company and Investment Company Acts Clause in Contracts

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "“investment company" ” or an "“affiliated person" ” or "“promoter" ” of, or "“principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, ; or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in subject to regulation under the Public Utility Holding Company Act of 19352005, as amendedthe Federal Power Act, the Interstate Commerce Act or any state public utilities code, or (ii) an "“investment company" ” or an "“affiliated person" ” or "“promoter" ” of, or "“principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated personcontrolled by" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of Neither the Company nor any other Loan Parties Party is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties nor any of their respective Subsidiaries is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (ia) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 19352005, as amended, or (iib) an "“investment company" ” or an "“affiliated person" ” or "“promoter" ” of, or "“principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "”holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of a "”holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "“investment company" ” or an "“affiliated person" ” or "“promoter" ” of, or "”principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of Neither the Company nor any other Loan Parties Party is (i) a i)a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of Neither the Parent nor any other Loan Parties Party is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "“investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", ” as such terms are term is defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Domestic Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan ------------------------------------------- Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of Neither the Company ------------------------------------------- nor any other Loan Parties Party is (i) a i)a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of Neither the Company ------------------------------------------- nor any other Loan Parties Party is (i) a i)a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", ," as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", ," as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (ia) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of a "“holding company"”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (iib) an "“investment company" ” or an "“affiliated person" ” or "“promoter" ” of, or "“principal underwriter" ” of or for, an "“investment company"”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Loan Parties is (i) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended, or (ii) an "investment company" or an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.