Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 35 contracts
Samples: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Weingarten Realty Investors /Tx/), Credit Agreement (SmartStop Self Storage REIT, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 15 contracts
Samples: Revolving Credit Agreement (Service Corporation International), Credit Agreement (Eagle Materials Inc), Credit Agreement (Jupitermedia Corp)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s 's Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit Agreement (MVP REIT, Inc.), Credit Agreement (MVP REIT II, Inc.), Credit Agreement (Education Realty Trust, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (ai) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Five Year Credit Agreement, Year Credit Agreement (Gatx Financial Corp), Credit Agreement (Gatx Financial Corp)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Vinebrook Homes Trust, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " or a company "controlled" by an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (TBC Corp), Credit Agreement (TBC Corp)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation regula tion under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Tricon Global Restaurants Inc), Credit Agreement (Transmedia Network Inc /De/)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s their Material Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, [Credit Agreement [Three Year]] the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Gatx Financial Corp), Credit Agreement (Gatx Financial Corp)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Wright Express CORP), Credit Agreement (Wright Express CORP)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s Subsidiaries is are (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935; nor are any of them subject to any other statute or regulation which prohibits or restricts the incurrence of Indebtedness under the Loan Documents or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Lecroy Corp), Guaranty Agreement (Lecroy Corp)
Investment and Holding Company Status. Neither any of the Credit Parties a Borrower nor any of the Borrower’s their Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging Trust Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Wilson Greatbatch Technologies Inc), Credit Agreement (Greatbatch, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Block Financial Corp), Credit and Guarantee Agreement (Block Financial Corp)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) required to register as an “investment company” as defined in, or subject to regulation under, in the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Friedman Billings Ramsey Group Inc), Credit Agreement (Friedman Billings Ramsey Group Inc)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s their respective Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s their respective Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s Subsidiaries is are (ai) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Significant Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any None of the Credit Parties such Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public A-45 Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.. Amended and Restated Revolving Credit Agreement
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Caraco Pharmaceutical Laboratories LTD)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Borrower Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the 25 Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Paychex Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Initial Borrower, the Borrower nor any of the Borrower’s Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the 31 of 69 Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Wilson Greatbatch Technologies Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” ’ as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Ultralife Corp)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined inin , or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Loan and Security Agreement (Acme Communications Inc)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s 's Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Weingarten Realty Investors /Tx/)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Bridge Credit Agreement (Vinebrook Homes Trust, Inc.)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.. 3.9
Appears in 1 contract
Samples: Credit Agreement (Food Lion Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) 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” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Matrix Service Co)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s Restricted Subsidiaries is (ai) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (bii) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)
Investment and Holding Company Status. Neither any of the Credit Parties Borrower nor any of the Borrower’s its Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a “"holding company” " as defined in, or subject to regulation regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Inc)
Investment and Holding Company Status. Neither any of the Credit Parties nor any of the Borrower’s Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940; or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
