Common use of Investment Companies; Regulated Entities Clause in Contracts

Investment Companies; Regulated Entities. Such Borrower is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” Such Borrower is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 4 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

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Investment Companies; Regulated Entities. Such Borrower is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” Such Borrower is not subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyany debt.

Appears in 4 contracts

Samples: Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Steadfast Apartment REIT, Inc.)

Investment Companies; Regulated Entities. Such Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such " Borrower is not subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyany debt.

Appears in 3 contracts

Samples: Credit Agreement (Essex Property Trust Inc), Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Summit Properties Partnership L P)

Investment Companies; Regulated Entities. Such Neither the Borrower nor any of its Subsidiaries is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such " Neither the Borrower nor any of its Subsidiaries is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Champion Industries Inc), Credit Agreement (Champion Industries Inc)

Investment Companies; Regulated Entities. Such The Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such " The Borrower is not subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 2 contracts

Samples: Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.)

Investment Companies; Regulated Entities. Such Borrower is not an “investment company” registered or required to be registered under the Investment Company Act of 1940 or under the “control” of an “investment company” as such terms are defined in the Investment Company Act of 1940 and shall not become such an “investment company” or under such “control.” Such Borrower is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Investment Companies; Regulated Entities. Such Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 1940, or under the "control" of an "investment company," as such terms are defined in the Investment Company Act of 1940 1940, and shall not become such an "investment company" or under such "control.” Such " Borrower is not subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyany debt.

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

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Investment Companies; Regulated Entities. Such Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such Borrower is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money."

Appears in 1 contract

Samples: Credit Agreement (Superconductor Technologies Inc)

Investment Companies; Regulated Entities. Such Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such " Borrower is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed moneyany debt.

Appears in 1 contract

Samples: Credit Agreement (Smith Charles E Residential Realty Lp)

Investment Companies; Regulated Entities. Such Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control." Such Borrower is not subject to any other Federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money.

Appears in 1 contract

Samples: Credit Agreement (Assured Guaranty LTD)

Investment Companies; Regulated Entities. Such The Borrower is not an "investment company" registered or required to be registered under the Investment Company Act of 1940 or under the "control" of an "investment company" as such terms are defined in the Investment Company Act of 1940 and shall not become such an "investment company" or under such "control.” Such " The Borrower is not subject to any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness for borrowed money. 5.1.16.

Appears in 1 contract

Samples: Credit Agreement (Moog Inc.)

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