Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 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 7 contracts
Samples: Credit Agreement (AGA Medical Holdings, Inc.), Credit Agreement (AGA Medical Holdings, Inc.), Credit Agreement (Select Medical Holdings Corp)
Investment and Holding Company Status. Neither Holdings, None of the Borrower nor or any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 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 7 contracts
Samples: Bridge Loan Agreement (Nasdaq Stock Market Inc), Credit Agreement (Nasdaq Stock Market Inc), Term Loan Credit Agreement (Nasdaq Stock Market Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower Holdings nor any Restricted Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 6 contracts
Samples: Aircraft Dry Lease (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 4 contracts
Samples: Credit Agreement (CSX Corp), Credit Agreement (CSX Corp), Credit Agreement (CSX Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 4 contracts
Samples: Credit Agreement (CSX Corp), Credit Agreement (Lydall Inc /De/), Execution Copy (CSX Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 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 4 contracts
Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.), Revolving Credit Agreement (Service Corporation International), Revolving Credit Agreement (Rackspace Hosting, Inc.)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary of their Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 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 (Epmr Corp), Daisy Parts Inc
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 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 (BMC Software Inc), Credit Agreement (Nl Industries Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary of the Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Maxxim Medical Inc/Tx), Credit Agreement (Alec Holdings Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary of its Subsidiaries is (a) an “"investment company” as defined in", or subject to regulation undera company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended or (b) amended. Neither the Borrower nor any of its Subsidiaries is a “"holding company” as defined in", or subject to regulation underan "affiliate" of a "holding company" or 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 (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
Investment and Holding Company Status. Neither Holdings, the No Borrower nor any Subsidiary of any Borrower is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Circuit City Stores Inc), Credit Agreement (Circuit City Stores Inc)
Investment and Holding Company Status. Neither Holdings, Holdings nor the Borrower nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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: Secured Term Loan Agreement (H&f Investors Iv LLC), Secured Term Loan Agreement (Silver Lake Investors Lp)
Investment and Holding Company Status. Neither None of Holdings, the Borrower nor or any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary of their Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Advance Auto Parts Inc), Credit Agreement (Advance Stores Co Inc)
Investment and Holding Company Status. Neither Holdings, the Parent Borrower nor any Subsidiary 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, as amended 1940 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 (Metaldyne Corp), Credit Agreement (Mascotech Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary of its Subsidiaries is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 (Argo Tech Corp), Credit Agreement (American Media Operations Inc)
Investment and Holding Company Status. Neither Holdings, the Borrower Holdings nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 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
Samples: Credit Agreement (Select Specialty Hospital Topeka Inc)
Investment and Holding Company Status. Neither Holdings, None of the Borrower nor or any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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 Holdings, the such Subsidiary Borrower nor any Subsidiary of its Consolidated Subsidiaries is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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
Samples: Credit Agreement (Amerada Hess Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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
Samples: Credit Agreement (St. Louis Pharmaceutical Services, LLC)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Restricted Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (b) a “holding company” as defined in, or subject to regulation regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. Neither Holdings, the Borrower ------------------------------------- nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 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
Samples: Conformed Copy (CSX Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Subsidiary is (a) an “"investment company” " as defined in, or subject to regulation under, the 35 Investment Company Act of 1940, as amended 1940 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
Samples: Credit Agreement (Sysco Corp)
Investment and Holding Company Status. Neither Holdings, the Parent Borrower nor any Subsidiary 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, as amended 1940 or (b) a “"holding company” " as defined in, or subject to regulation regula tion under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Credit Agreement (Metaldyne Corp)
Investment and Holding Company Status. Neither Holdings, the Borrower nor any Restricted Subsidiary is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended 1940 or (b) a “holding company” as defined in, or subject to regulation regula-tion under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
