Common use of Investment Company Act, Etc Clause in Contracts

Investment Company Act, Etc. Borrower is not (a) an “investment company”, as 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.

Appears in 5 contracts

Samples: Term Loan Agreement (Hines Global Reit Ii, Inc.), Term Loan Agreement, Construction Loan Agreement

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Investment Company Act, Etc. The Borrower is not (a) an “investment company”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) otherwise subject to regulation under the Federal Power Act or (except as contemplated by Section 4.8) any other regulatory scheme foreign, federal, state or local statute or regulation limiting its the Borrower’s ability to incur debtBorrower Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Kyndryl Holdings, Inc.), Credit Agreement (Kyndryl Holdings, Inc.), Credit Agreement (Kyndryl Holdings, Inc.)

Investment Company Act, Etc. Borrower is not (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 2005, as amended, or (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 3 contracts

Samples: Master Credit Agreement (Great Plains Ethanol LLC), Master Credit Agreement (Advanced BioEnergy, LLC), Master Credit Agreement (Nedak Ethanol, LLC)

Investment Company Act, Etc. The Borrower is not not: (a) an “investment company” or “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 debtdebt 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, Credit Agreement (Atlantic Alliance Partnership Corp.)

Investment Company Act, Etc. Borrower is not (a) an "investment company”, as defined in, " or subject to regulation under, a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended, or (b) otherwise . Borrower is not subject to regulation under any Requirement of Law (other regulatory scheme limiting than Regulation X of the Board) which limits its ability to incur debtIndebtedness.

Appears in 2 contracts

Samples: Lending Agreement (Triad Financial Corp), Lending Agreement (Triad Financial Corp)

Investment Company Act, Etc. Borrower is not (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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 2 contracts

Samples: Credit Agreement (Golden Grain Energy), Credit Agreement (East Kansas Agri Energy LLC)

Investment Company Act, Etc. Borrower is not (a1) an “investment company”, ,” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended; (2) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 2005, as amended; or (b3) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Master Credit Agreement (Advanced BioEnergy, LLC)

Investment Company Act, Etc. The Borrower is not (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 (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Credit Agreement (RPC Inc)

Investment Company Act, Etc. Borrower is not (a) not an “investment company” nor is it “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) not otherwise subject to any other regulatory scheme limiting its ability to incur debtdebt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.

Appears in 1 contract

Samples: Loan Agreement (Bovie Medical Corp)

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Investment Company Act, Etc. Borrower is not (a) an “investment company”, as defined in, or subject to regulation under, a company “controlled” by an investment company within the meaning of the Investment Company Act of 1940, as amended, or (b) otherwise . Borrower is not subject to regulation under any Requirement of Law (other regulatory scheme limiting than Regulation X of the Board) which limits its ability to incur debtIndebtedness.

Appears in 1 contract

Samples: Warehouse Lending Agreement (Triad Financial Corp)

Investment Company Act, Etc. The Borrower is not (a) an “investment company”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, 1940 or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debtregulation under the Federal Power Act.

Appears in 1 contract

Samples: Term Loan Agreement (International Business Machines Corp)

Investment Company Act, Etc. Borrower is not (ai) an “investment company”, as defined in, or subject to regulation under, ” under the Investment Company Act of 1940, as amended, or (bii) otherwise subject to any other regulatory scheme limiting its ability to incur debt.regulatory

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Corp.)

Investment Company Act, Etc. Borrower is not (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 2005, as amended, or (bc) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Master Credit Agreement (Nedak Ethanol, LLC)

Investment Company Act, Etc. Borrower is not (a) an “investment company”, as defined in, or subject to regulation under, ” within the meaning of the Investment Company Act of 1940, as amended, or (b) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Receivables Financing Agreement (Asta Funding Inc)

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