Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of 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 9 contracts
Samples: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media Inc), Credit Agreement (Donnelley R H Inc)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its the 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 9 contracts
Samples: Credit Agreement (Aerolink International Inc), Credit Agreement (Semiconductor Components Industries LLC), Credit Agreement (Interline Brands, Inc./De)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its the 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 7 contracts
Samples: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)
Investment and Holding Company Status. None of Neither the Parent, Holdings, the Parent Borrower or nor any of 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 5 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)
Investment and Holding Company Status. None Neither the Parent Borrower nor any of the Parent, Holdings, the Borrower or any of 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 3 contracts
Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or nor any of its Subsidiaries Subsidiary 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: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)
Investment and Holding Company Status. None of the Parent, Holdings, the Neither any Borrower or nor any of its Subsidiaries 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: Credit Agreement (Fort Howard Corp), Credit Agreement (General Cable Corp /De/), Credit Agreement (Fort James Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of Holdings and 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 3 contracts
Samples: Five Year Credit Agreement (American Standard Companies Inc), Day Credit Agreement (American Standard Companies Inc), Credit Agreement (American Standard Companies Inc)
Investment and Holding Company Status. None of the Parent, Holdings, the ------------------------------------- Borrower or any of 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 2 contracts
Samples: Credit Agreement (Ixl Enterprises Inc), Credit Agreement (Agw Leasing Co Inc)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or Borrowers nor any of its 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: Revolving Credit Agreement (Water Pik Technologies Inc), Secured Revolving Credit Agreement (Kaiser Aluminum Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower Borrowers or any of its 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: Revolving Credit Agreement (Phillips Van Heusen Corp /De/), Phillips Van Heusen Corp /De/
Investment and Holding Company Status. None of Neither the Parent, Holdings, the Parent Borrower or nor any of 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 2 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the either Borrower or any of its the 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 (Veritas Software Technology Corp), Credit Agreement (Seagate Technology Malaysia Holding Co Cayman Islands)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or -------------------------------------- Borrowers nor any of its Subsidiaries 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 2 contracts
Samples: Credit Agreement (Unisource Worldwide Inc), Credit Agreement (Unisource Worldwide Inc)
Investment and Holding Company Status. None of Neither the Parent, Holdings, the Borrower or Parent nor any of 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 2 contracts
Samples: Credit Agreement (Tesco Corp), Credit Agreement (Amerisourcebergen Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of and 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 “subsidiary company” of a holding company as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Loan Agreement (Vitro Sa De Cv), Loan Agreement (Vitro Sa De Cv)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of 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. None of the Parent, HoldingsBorrower, the Borrower or Guarantors nor any of its 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
Samples: Term Loan and Guaranty Agreement (Kaiser Aluminum Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or Borrowers nor any of 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 (Zale Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its the 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. None of the Parent, Holdings, the Parent Borrower or any of its Subsidiaries (including the Receivables Subsidiary) 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 (Trimas Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its Subsidiaries Subsidiary is (a) required to register as 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. None of Neither the Parent, Holdings, the Parent ------------------------------------- Borrower or nor any of 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 (SPX Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of 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 (Hawaiian Telcom Communications, Inc.)
Investment and Holding Company Status. None of the Parent, Holdings-------------------------------------- Catalytica, the Borrower or any of its the Restricted 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. None of the Parent, Holdings, the Borrower or Borrowers nor any of its their Subsidiaries is (a) required to register as or is 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. None of the Parent, Holdings, the Borrower or any of 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. None of the Parent, Holdings, the Borrower or any of its Borrowers and the other 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 (CCE Spinco, Inc.)
Investment and Holding Company Status. None of the ParentLoan Parties, HoldingsShareholders, the Borrower Sponsors or any of its Subsidiaries 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
Samples: Common Agreement (Velocom Inc)
Investment and Holding Company Status. None of the Parent, ------------------------------------- Intermediate Holdings, the either Borrower or any of its the 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. None of Neither the Parent, Holdings, the -------------------------------------- Parent Borrower or nor any of 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 (Armkel LLC)
Investment and Holding Company Status. None of the Parent, Holdings-------------------------------------- Catalytica, the Borrower or any of its the 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 (Catalytica Inc)
Investment and Holding Company Status. None of the Parent, HoldingsNeither -------------------------------------- Limited, the Borrower or nor any of its the 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. None of the Parent, Holdings, the Parent Borrower or any of its Subsidiaries (including the Receivables Subsidiary) 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.or
Appears in 1 contract
Samples: Credit Agreement (Trimas Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its Subsidiaries Borrowers 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. None of the Parent, Holdings, the Borrower or any of 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. None of the Parent, Holdings, the Borrower Borrowers or any of its the 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 1 contract
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or Borrowers nor any of 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 (Zale Corp)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of its and the 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. None of the Parent, Holdings, the Borrower Borrowers or any of its 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 1 contract
Samples: Credit Agreement (Compressco Inc)
Investment and Holding Company Status. None of the Parent, Holdings, the Borrower or any of 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" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 1 contract
