Investment Company Act Margin Regulations. (a) Neither any Obligor nor any of its Restricted Subsidiaries is, or is regulated as, an “investment company,” as such term is defined in the Investment Company Act of 1940 (as adopted in the United States), as amended.
Investment Company Act Margin Regulations. (a) No Loan Party is engaged or will be engaged, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. None of the proceeds of the Borrowings shall be used directly or indirectly for the purpose of purchasing or carrying any margin stock, for the purpose of reducing or retiring any Indebtedness that was originally incurred to purchase or carry any margin stock or for any other purpose that might cause any of the Credit Extensions to be considered a “purpose credit” within the meaning of Regulations T, U, or X issued by the FRB.
Investment Company Act Margin Regulations. Each of Parent and the Borrower is either not an “investment company” under the Investment Company Act of 1940 (the “Investment Company Act”) or is exempt from all provisions of the Investment Company Act. Neither the Borrower, the Parent nor any Subsidiary of the Parent will apply the proceeds of any of the Advances, directly or indirectly, for the purpose, either immediate, incidental or ultimate, of purchasing or carrying any Margin Stock, except in compliance with Section 5.02(d).
Investment Company Act Margin Regulations. (a) Status as Business Development Company. The Borrower is an “investment company” that has elected to be regulated as a “business development company” within the meaning of the Investment Company Act and qualifies as a RIC and has qualified as a RIC at all times since the Borrower’s taxable year ended December 31, 1988. 69 00000000.00.
Investment Company Act Margin Regulations. (a) Status as Business Development Company. The Parent has elected to be regulated as a “business development company” within the meaning of the Investment Company Act. The Parent qualifies as a RIC and has qualified as a RIC at all times since its taxable year ended December 31, 2012.
Investment Company Act Margin Regulations. (a) On each date that the Borrower is required to make representations and warranties hereunder that occurs after the BDC Transition has been effected, the BDC Borrower represents and warrants to the Lenders that:
Investment Company Act Margin Regulations. (a) The Borrower is not, and after giving effect to the Loan Documents and the application of the proceeds thereof, and will not be, an “investment company” or an entity “controlled” by an investment company within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the SEC thereunder.
Investment Company Act Margin Regulations. Neither the Borrower nor any of its Subsidiaries is or is required to be registered as an “investment company” under the Investment Company Act of 1940. The Borrower is in compliance with Section 6.17(c).
Investment Company Act Margin Regulations. Neither the Borrower nor any Subsidiary of the Borrower is an "investment company" or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. None of the transactions contemplated in this Agreement (including, without limitation, the borrowings hereunder and the use of the proceeds thereof) will violate or result in a violation of Section 7 of the Exchange Act (or any regulations issued pursuant thereto, including Regulations T, U and X).
Investment Company Act Margin Regulations. (i) No Credit Party is required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
