Common use of Investment and Holding Company Status Clause in Contracts

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 8 contracts

Samples: Note Purchase Agreement (Affinity Group Inc), Credit Agreement (Affinity Group Inc), Credit Agreement (Affinity Group Holding, Inc.)

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Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 7 contracts

Samples: Guarantee and Security Agreement (Nextel Communications Inc), Credit Agreement (Ohio Logos Inc), Credit Agreement (Lamar Advertising Co/New)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 5 contracts

Samples: Credit and Security Agreement (Ufp Technologies Inc), Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 5 contracts

Samples: Term Loan Agreement (Lbi Media Holdings Inc), Credit and Security Agreement (Ufp Technologies Inc), Term Loan Agreement (Lbi Media Inc)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 4 contracts

Samples: Note Purchase Agreement (Affinity Group Holding Inc), Credit Agreement (Affinity Group Holding, Inc.), Credit Agreement (Affinity Group Holding Inc)

Investment and Holding Company Status. No Neither such Credit Party nor any of their respective 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Axis Capital Holdings LTD), Credit Agreement (Axis Capital Holdings LTD), Credit Agreement (Cornerstone Core Properties REIT, Inc.)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 3 contracts

Samples: Term Loan Agreement (Novamerican Steel Inc), Credit and Security Agreement (Alternative Resources Corp), Credit Agreement (Liberman Television Inc)

Investment and Holding Company Status. No None of the Credit Party nor any of their respective Subsidiaries Parties 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.)

Investment and Holding Company Status. No Neither any Credit Party nor any of their respective Subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 2 contracts

Samples: Credit and Security Agreement (Progenity, Inc.), Credit and Security Agreement (Progenity, Inc.)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries Parties 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)

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Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.. Vendor Financing Agreement 50 -45-

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextel Communications Inc)

Investment and Holding Company Status. No Neither such Credit Party nor any of their respective 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 1 contract

Samples: Account Agreement (Ashford Hospitality Trust Inc)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.. Credit Agreement

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextel Communications Inc)

Investment and Holding Company Status. No Neither any Credit Agreement Party nor any of their respective 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 1 contract

Samples: Credit Agreement (Westborn Service Center, Inc.)

Investment and Holding Company Status. No Credit Party nor any of their respective Subsidiaries subsidiaries 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 or (c) a "bank holding company" as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

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