Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 22 contracts
Samples: Revolving Credit Agreement (Ram Energy Resources Inc), Credit and Term Loan Agreement (Catalyst Health Solutions, Inc.), Revolving Credit and Term Loan Agreement (Easylink Services International Corp)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith, except those as have been obtained or made and are in full force and effect.
Appears in 9 contracts
Samples: Term Loan Agreement (Tc Pipelines Lp), Term Loan Agreement (Tc Pipelines Lp), Term Loan Agreement (Tc Pipelines Lp)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme requirement limiting its ability to incur debt or guarantee Indebtedness or grant security interests in its property to secure such Indebtedness or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 9 contracts
Samples: And Term Loan Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc), Possession Credit Agreement (Bristow Group Inc)
Investment Company Act, Etc. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 7 contracts
Samples: Credit Agreement (Fortegra Group, LLC), Credit Agreement (Tiptree Inc.), Credit Agreement (Fortegra Group, LLC)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise a “holding company” as defined in, or subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing withregulation under, any Governmental Authority in connection therewiththe Public Utility Holding Company Act of 1935, as amended.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Ameris Bancorp), Revolving Credit Agreement (Pinnacle Financial Partners Inc), Revolving Credit Agreement (NBC Capital Corp)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company,” or is “controlled” by an “investment company”, as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 6 contracts
Samples: Credit Agreement (Patriot Transportation Holding, Inc.), Revolving Credit Agreement (Deltic Timber Corp), Credit Agreement (Patriot Transportation Holding, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries Subsidiary is (a) an “investment company” or is “controlled” by an “investment company”, ,” as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 5 contracts
Samples: Credit Agreement (E.W. SCRIPPS Co), Credit Agreement (E.W. SCRIPPS Co), Credit Agreement (E.W. SCRIPPS Co)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 5 contracts
Samples: Revolving Credit Loan Agreement (American Healthways Inc), Revolving Credit Loan Agreement (American Healthways Inc), Revolving Credit Agreement (Watsco Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 4 contracts
Samples: Subsidiary Guaranty Agreement (Newmarket Corp), Revolving Credit Agreement (Tc Pipelines Lp), Revolving Credit Agreement (Northern Border Pipeline Co)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Watsco Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject is required to regulation register under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strayer Education Inc), Revolving Credit Agreement (Strayer Education Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” ”, or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 4 contracts
Samples: Agreement (Aaron's Inc), Revolving Credit Agreement (Aaron Rents Inc), Revolving Credit and Term Loan Agreement (Aaron's Inc)
Investment Company Act, Etc. Neither None of Holdings, the Borrower nor or any of its Restricted Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 4 contracts
Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries the Loan Parties is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedamended and in effect from time to time, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from from, or registration or filing with, any Governmental Authority in connection therewith.
Appears in 4 contracts
Samples: Credit Agreement (Malibu Boats, Inc.), Credit Agreement (Malibu Boats, Inc.), Credit Agreement (Malibu Boats, Inc.)
Investment Company Act, Etc. (a) Neither the Borrower nor any of its Restricted Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 3 contracts
Samples: Credit Agreement (Molina Healthcare Inc), Credit Agreement (Molina Healthcare, Inc.), Credit Agreement (Molina Healthcare Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company,” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Deltic Timber Corp), Term Loan Credit Agreement (Deltic Timber Corp)
Investment Company Act, Etc. Neither the Borrower nor any of its Restricted Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Credit Agreement (EVO Payments, Inc.), Credit Agreement (EVO Payments, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority Body in connection therewith, except those as have been obtained or made and are in full force and effect.
Appears in 2 contracts
Samples: Subordinated Loan Agreement (Enservco Corp), Subordinated Loan Agreement (Enservco Corp)
Investment Company Act, Etc. Neither None of the Borrower Borrowers nor any of its their Restricted Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Fortegra Financial Corp), Revolving Credit Agreement (Fortegra Financial Corp)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined Table of Contents in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc)
Investment Company Act, Etc. Neither the Borrower Company nor any of its Subsidiaries Subsidiary is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority governmental authority in connection therewith.
Appears in 2 contracts
Samples: Loan and Security Agreement (NCI, Inc.), Loan and Security Agreement (Global Defense Technology & Systems, Inc.)
Investment Company Act, Etc. Neither the Borrower Holdings nor any of its Subsidiaries is is: (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, ; or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Credit Agreement (Rotech Healthcare Holdings Inc.), Credit Agreement (Rotech Healthcare Holdings Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject is required to regulation register under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit Agreement (JTH Holding, Inc.), Revolving Credit and Term Loan Agreement (JTH Holding, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” ”, or is “controlled” by an “investment company”, as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Revolving Credit Agreement (Exactech Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise . The Borrower is not subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Landamerica Financial Group Inc), Revolving Credit Agreement (Landamerica Financial Group Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Restricted Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject is required to regulation register under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject is required to regulation register under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Maximus Inc), Pledge Agreement (Maximus Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “"investment company” or is “controlled” by an “investment company”", as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from from, or registration or filing with, any Governmental Authority in connection therewithto do so (other than registrations and filings required or contemplated by the Loan Documents).
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Tivity Health, Inc.), Credit and Term Loan Agreement (Healthways, Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company,” or is “controlled” by an “investment company”, as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 1 contract
Investment Company Act, Etc. Neither Holdings, International, the Borrower nor any of its their Subsidiaries is (a) an “"investment company” " or is “"controlled” " by an “"investment company”", as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (FGX International Holdings LTD)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.. Section 4.9
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower Borrowers nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Samples: Revolving Credit Agreement (Delek US Holdings, Inc.)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith, except those as have been obtained or made and are in full force and effect.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries the other Loan Parties is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedamended and in effect from time to time, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from from, or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (ai) an “investment company” or is a company “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, ,” within the meaning of the Investment Company Act of 1940, as amended, amended or (bii) otherwise subject to regulation under any requirement of law (other regulatory scheme limiting than Regulation X) that limits its ability to incur debt incur, create, assume or requiring permit to exist Indebtedness or grant any approval or consent from or registration or filing with, any Governmental Authority Contingent Obligations in connection therewithrespect of other Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Semtech Corp)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from from, or registration or filing with, any Governmental Authority in connection therewithto do so (other than registrations and filings required or contemplated by the Loan Documents).
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) and neither the Borrower nor any Subsidiary is otherwise subject to any other statutory or any regulatory scheme limiting limitations of any Governmental Authority affecting its ability to incur or guarantee debt as contemplated hereby or requiring by any approval or consent from or registration or filing with, any Governmental Authority in connection therewithother Loan Document.
Appears in 1 contract
Investment Company Act, Etc. (a) Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Restricted Subsidiaries is (a) an “investment company” ’’ or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. (a) Neither the Borrower nor any of its Consolidated Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.debt. Section 4.8
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Healthways, Inc)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company,” or is “controlled” by an “investment company”, ,” as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Restricted Subsidiaries is (ai) an “investment company” or is a company “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, ,” within the meaning of the Investment Company Act of 1940, as amended, amended or (bii) otherwise subject to regulation under any requirement of law (other regulatory scheme limiting than Regulation X) that limits its ability to incur debt incur, create, assume or requiring permit to exist Indebtedness or grant any approval or consent from or registration or filing with, any Governmental Authority Contingent Obligations in connection therewithrespect of other Indebtedness.
Appears in 1 contract
Investment Company Act, Etc. Neither None of the Borrower Borrowers nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are 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, 45 the Public Utility Holding Company Act of 1935, as amended or (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “"investment company” " or is “"controlled” " by an “"investment company”", as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith, except those as have been obtained or made and are in full force and effect.
Appears in 1 contract
Investment Company Act, Etc. Neither the No Borrower nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Samples: Revolving Credit Agreement (United Industrial Corp /De/)
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “"investment company” ", or is “"controlled” " by an “"investment company”", as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “"investment company” ", or is “"controlled” " by an “"investment company”", as such terms are 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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.debt. Section 4.8
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewithdebt.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Healthways, Inc)
Investment Company Act, Etc. Neither the No Borrower nor any of its Subsidiaries and no Subsidiary is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, amended or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract
Investment Company Act, Etc. Neither the Borrower Borrowers nor any of its their Subsidiaries is (a) an “investment company” or is “controlled” by an “investment company”, as such terms are defined in, or subject to regulation underunder or required to register as an “investment company”, the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.
Appears in 1 contract