Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 239 contracts
Samples: Credit Agreement (New World Restaurant Group Inc), Term Loan Agreement (Esmark INC), Credit Agreement (National CineMedia, LLC)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 92 contracts
Samples: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Westar Energy Inc /Ks), Credit Agreement (Apollo Global Management LLC)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 89 contracts
Samples: Revolving Credit Agreement (B&g Foods Inc), Iv Term Loan Agreement (Global Geophysical Services Inc), Term Loan Agreement (B&g Foods Inc)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 73 contracts
Samples: Credit Agreement (Tango of Arundel, Inc.), Senior Credit Agreement (Websense Inc), Credit Agreement (M & F Worldwide Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 57 contracts
Samples: Credit Agreement (B&G Foods, Inc.), Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board, as amended) that limits its ability to incur Indebtedness.
Appears in 21 contracts
Samples: Credit Agreement (Alkermes Plc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (Auxilium Pharmaceuticals Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth in Schedule 4.5, no such Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) ), including the Federal Power Act, that limits may limit its ability to incur IndebtednessIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.
Appears in 19 contracts
Samples: Credit Agreement (Alarm.com Holdings, Inc.), Guarantee and Collateral Agreement (Alarm.com Holdings, Inc.), Revolving Credit Agreement (Digi International Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth on Schedule 4.5, no Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 18 contracts
Samples: Credit Agreement (Appian Corp), Credit Agreement (Kaltura Inc), Credit Agreement (Kaltura Inc)
Investment Company Act; Other Regulations. No Loan Party is an “----------------------------------------- "investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 15 contracts
Samples: Pledge Agreement (FLN Finance Inc), Credit and Guarantee Agreement (SMTC Corp), Credit Agreement (Nationwide Credit Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 13 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Investment Company Act; Other Regulations. No Loan Party is an “----------------------------------------- "investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Lexar Media Inc), Credit Agreement (Lexar Media Inc), Credit Agreement (Aeroflex Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or state statue or regulation (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness under the Loan Documents.
Appears in 11 contracts
Samples: Term Loan Credit Agreement, Credit Agreement (SunCoke Energy, Inc.), Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur or suffer to exist Indebtedness.
Appears in 10 contracts
Samples: Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp)
Investment Company Act; Other Regulations. No Loan Party is required to register as an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 10 contracts
Samples: Credit Agreement (Yext, Inc.), Credit Agreement (Bill.com Holdings, Inc.), Credit Agreement (CrowdStrike Holdings, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessthe Indebtedness to be incurred hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Lear Corp), Credit Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 8 contracts
Samples: Credit Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amendedamended from time to time. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 8 contracts
Samples: Credit Agreement (WEB.COM Group, Inc.), Intercreditor Agreement (WEB.COM Group, Inc.), First Lien Credit Agreement (WEB.COM Group, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardFRB) that which limits its ability to incur Indebtedness.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Assignment and Assumption (Parker Drilling Co /De/)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 7 contracts
Samples: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Holdings, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardX) that which limits or conditions its ability to incur Indebtedness.
Appears in 7 contracts
Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Worldspan L P)
Investment Company Act; Other Regulations. No Loan Party is required to register as an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 6 contracts
Samples: Credit Agreement (Fastly, Inc.), Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Nerdwallet, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Colt Finance Corp.), Credit Agreement (New World Restaurant Group Inc), Collateral Agreement (Tenneco Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board, as amended) that limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Microsemi Corp), Credit Agreement (Intersil Corp/De), Credit Agreement (Microsemi Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard of Governors of the Federal Reserve System of the United States or any successor thereto) that limits its ability to incur Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc), Security Agreement (Cadiz Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardFRB) that limits its ability to incur Indebtedness, other than with respect to any such regulations of general application to companies generally.
Appears in 6 contracts
Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness, or which otherwise may render all or any portion of its obligations under this Agreement and the other Loan Documents unenforceable.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Bioventus Inc.), Credit Agreement (Bioventus Inc.), First Lien Credit Agreement (Bioventus Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardX) that limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Archstone), Credit Agreement (Archstone)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and the Public Utility Holding Company Act) that limits its ability to incur Indebtednessborrow Loans or obtain other Revolving Extensions of Credit under this Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and certain laws and regulations regulating utilities) that limits its ability to incur Indebtedness.
Appears in 5 contracts
Samples: Credit Agreement (Tw Telecom Inc.), Credit Agreement (Time Warner Telecom Inc), Credit Agreement (Time Warner Telecom Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Accuray Inc), Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Accuray Inc)
Investment Company Act; Other Regulations. (a) No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No amended and (b) except as set forth on Schedule 4.5, no Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 5 contracts
Samples: Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness of the type it will incur hereunder and under the other Loan Documents.
Appears in 4 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Investment Company Act; Other Regulations. No Loan Party is required to register as an “investment company”, or a company “controlled” by an “investment company”, within the meaning of under the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”, ," or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Del Frisco's Restaurant Group, LLC), Guarantee and Collateral Agreement (Tenneco Automotive Inc), Credit Agreement (Tenneco Automotive Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, required to be registered as such within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ” or a company “controlled” by an “investment company”,” subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended. No None of the Loan Party Parties is subject to regulation under the Federal Power Act or the Interstate Commerce Act or registration under the Investment Company Act of 1940 or under any Requirement of Law (other than Regulation X of the Board) that limits federal or state statute or regulation which may limit its ability to incur IndebtednessIndebtedness (other than the Gaming Laws and laws of general applicability) or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 4 contracts
Samples: Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Revel Entertainment Group, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or State statute or regulation (other than Regulation X of the BoardBoard of Governors of the Federal Reserve System) that which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Laidlaw Environmental Services Inc), Guarantee and Collateral Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Safety Kleen Corp/)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”, ," or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Infinity Property & Casualty Corp), Credit Agreement (Anc Rental Corp), Credit Agreement (Anc Rental Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and applicable insolvency law after the commencement of an insolvency proceeding) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc)
Investment Company Act; Other Regulations. No Loan Party is or is required to register as an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.), Term Loan Credit Agreement (Roundy's, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Federal Reserve Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Visteon Corp), Credit Agreement (Visteon Corp), Credit Agreement (Visteon Corp)
Investment Company Act; Other Regulations. No Loan Party is (i) registered or is required to be registered as an “investment company”, ” under the 40 Act or a company (ii) “controlled” by an “investment company”, within a company that is registered or required to be registered under the meaning of the Investment Company Act of 1940, as amended40 Act. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Guarantee and Collateral Agreement (Marriott Vacations Worldwide Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under the Public Utility Holding Company Act of 2005 or the Federal Power Act or under any Requirement of Law (other than Regulation X of the Board) that limits federal or state statute or regulation which may limit its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 4 contracts
Samples: Credit Agreement (Rightside Group, Ltd.), Credit Agreement (Demand Media Inc.), Credit Agreement (Rightside Group, Ltd.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Abl Credit Agreement (Rent a Center Inc De), Term Loan Credit Agreement (Rent a Center Inc De), Credit and Guaranty Agreement (FTT Holdings, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 4 contracts
Samples: Credit Agreement (Enovation Controls, Inc.), Credit Agreement (RE/MAX Holdings, Inc.), Credit Agreement (RE/MAX Holdings, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and the Public Utility Holding Company Act) that limits its ability to incur Indebtednessborrow Loans or obtain other Revolving Extensions of Credit under this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Agl Resources Inc), Year Credit Agreement (Agl Resources Inc), 364 Day Credit Agreement (Agl Resources Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness under this Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Calpine Corp), Bridge Loan Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardX) that which limits or conditions its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Escrow Agreement (Ws Financing Corp), Credit Agreement (Syniverse Technologies Inc), Credit Agreement (Syniverse Technologies Inc)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or State statute or regulation (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Wyndham International Inc), First Lien Credit Agreement (Wyndham International Inc), Credit Agreement (Hilfiger Tommy Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by a company required to be registered as an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Educate Inc), Credit Agreement (Educate Inc), Credit Agreement (Infrasource Services Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard of Governors) that limits its ability to incur IndebtednessIndebtedness under this Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessenter into this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (CKX, Inc.), Revolving Credit Agreement (CKX, Inc.), Credit Agreement (CKX, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by a Person required to register as an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or State statute or regulation (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness under the Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Harman International Industries Inc /De/), Multi Currency Credit Agreement (Harman International Industries Inc /De/), Multi Currency Credit Agreement (Harman International Industries Inc /De/)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardFRB) that limits its ability to incur Indebtedness, other than with respect to any such regulations of general application to companies generally.
Appears in 3 contracts
Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth in Schedule 4.5, no Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) ), including the Federal Power Act, that limits may limit its ability to incur IndebtednessIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.
Appears in 3 contracts
Samples: Credit Agreement (Carbonite Inc), Credit Agreement (Teladoc, Inc.), Credit Agreement (Silver Spring Networks Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth in Schedule 4.5, no such Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of X), including the Board) Federal Power Act, that limits may limit its ability to incur IndebtednessIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.
Appears in 3 contracts
Samples: Credit Agreement (Fitbit Inc), Guarantee and Collateral Agreement (Fitbit Inc), Guarantee and Collateral Agreement (Fitbit Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur Indebtednessthe Indebtedness to be incurred by it hereunder and under the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Chefford Master Manufacturing Co Inc), Credit Agreement (UCI Holdco, Inc.), Credit Agreement (UCI Holdco, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”” required to be registered as such, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Credit Agreement (Trean Insurance Group, Inc.), Credit Agreement (Trean Insurance Group, Inc.), Credit Agreement (Trean Insurance Group, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Day International Group Inc), Senior Secured Credit Agreement (Day International Group Inc), Senior Secured Credit Agreement (Day International Group Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. 4.15
Appears in 3 contracts
Samples: Credit Agreement (Brilliant Earth Group, Inc.), Credit Agreement (Brilliant Earth Group, Inc.), Credit Agreement (Privia Health Group, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessborrow Loans or obtain other Revolving Extensions of Credit under this Agreement.
Appears in 2 contracts
Samples: Joinder Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc)
Investment Company Act; Other Regulations. No Loan Party is (a) an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of 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. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Interstate Bakeries Corp/De/)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessborrow Loans under this Agreement.
Appears in 2 contracts
Samples: Bridge Term Loan Credit Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is a "holding company", or a company "controlled" by a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Donnelley R H Inc), Credit Agreement (Donnelley R H Inc)
Investment Company Act; Other Regulations. No Loan Party is an “----------------------------------------------- "investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Time Warner Telecom Inc), Credit Agreement (Global Payments Inc)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”" (other than one which is exempt from the provisions of the Investment Company Act of 1940, as amended), within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that federal or state statute or regulation which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (BCP/Essex Holdings Inc), Credit Agreement (Essex International Inc /)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard of Governors) that limits its ability to incur IndebtednessIndebtedness under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness under this Agreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Gallipolis Care LLC), Credit Agreement (Villa Pines Care LLC)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessborrow money.
Appears in 2 contracts
Samples: Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Brookdale Senior Living Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject amended from time to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednesstime.
Appears in 2 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension Agreement (Westar Energy Inc /Ks)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth in Schedule 4.5, no Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 2 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the United States Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Loan Agreement (Century Aluminum Holdings, Inc.), Loan Agreement (Century Louisiana, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Buslease Inc /New/), Credit Agreement (Selfix Inc /De/)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.. 4.15
Appears in 2 contracts
Samples: Credit Agreement (Chatham Lodging Trust), Annex I Credit Agreement (Rent a Center Inc De)
Investment Company Act; Other Regulations. (a) No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Investment Company Act; Other Regulations. No Loan ----------------------------------------- Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Wyndham International Inc), Registration Rights Agreement (Wyndham International Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Riverbed Technology, Inc.), Credit Agreement (Riverbed Technology, Inc.)
Investment Company Act; Other Regulations. No Loan Party is or is required to be registered as an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board, as amended) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Laundry Systems LLC), Credit Agreement (Alliance Laundry Systems LLC)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No such Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) ), including the Federal Power Act, that limits may limit its ability to incur IndebtednessIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.
Appears in 2 contracts
Samples: Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth on Schedule 4.5, no Loan Party is subject to regulation under any Requirement of Applicable Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Appears in 2 contracts
Samples: Credit Agreement (Sprinklr, Inc.), Credit Agreement (Sprinklr, Inc.)
Investment Company Act; Other Regulations. No None of the Loan Party Parties is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940. As of the Closing Date, as amendednone of the Loan Parties or any Person controlling the Loan Parties is subject to the jurisdiction of the FERC or any rules and regulations promulgated thereby. No The Loan Party is Parties are not subject to regulation under any Requirement of Law Federal, State or Provincial statute or regulation (other than Regulation X of the Board) that which limits its their ability to incur Indebtedness.
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness under this Agreement or the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Advent Software Inc /De/), Credit Agreement (Advent Software Inc /De/)
Investment Company Act; Other Regulations. No Loan Party (a) is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amendedamended or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal Inc)
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”, or a company “controlled” by an “investment company”, " within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or State statute or regulation (other than Regulation X of the Board) that which limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Key Energy Group Inc), Credit Agreement (Key Energy Group Inc)
Investment Company Act; Other Regulations. No Loan Party is an “----------------------------------------- "investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or State statute or regulation (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness under this Agreement or the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Cable Tv Fund 12-C LTD), Credit Agreement (Jones Intercable Inc)
Investment Company Act; Other Regulations. No Loan Party is an “----------------------------------------- "investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and Requirements of Law of the type referred to in the exception contained in the last sentence of Section 4.4) that limits its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Credit Agreement (Mattress Discounters Corp), Credit Agreement (Bedding Experts Inc)
Investment Company Act; Other Regulations. No Loan Party is (a) ----------------------------------------- an “"investment company”, " or a company “controlled” by "controlled by" an “"investment company”, within the meaning of ," as such terms are defined in the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of , and the Board) that limits its ability to incur Indebtedness.rules and regulations
Appears in 2 contracts
Samples: Credit Agreement (Radio One Inc), Credit Agreement (Radio One Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Except as set forth in Schedule 4.5, no such Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) ), including the Public Utility Holding Company Act of 2005 and the Federal Power Act, that limits may limit its ability to incur IndebtednessIndebtedness or that may otherwise render all or any portion of the Obligations unenforceable.
Appears in 2 contracts
Samples: Credit Agreement (Ultra Clean Holdings Inc), Credit Agreement (Ultra Clean Holdings Inc)
Investment Company Act; Other Regulations. No Loan Party ----------------------------------------- is an “"investment company”, ," or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 1 contract
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board, as amended) that limits its ability to incur Indebtedness.. 5.15
Appears in 1 contract
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law Federal or state statue or regulation (other than Regulation X of the Board) that limits its ability to incur Indebtedness.Indebtedness under the Loan Documents. CHAR1\1969725v1CHAR1\1969725v3
Appears in 1 contract
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness or which otherwise may render all or any portion of the Obligations unenforceable.
Appears in 1 contract
Samples: Credit Agreement (Zila Inc)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, ,” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (FTC Solar, Inc.)
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the BoardBoard and applicable insolvency law after the commencement of an insolvency proceeding) that limits its ability to incur Indebtedness..
Appears in 1 contract
Investment Company Act; Other Regulations. No Loan Party is an “"investment company”", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that which limits its ability to incur IndebtednessIndebtedness of the type it will incur hereunder and under the other Loan Documents.
Appears in 1 contract
Investment Company Act; Other Regulations. No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law or restriction under its Organizational Documents (other than Regulation X of the Board) that limits its ability to incur IndebtednessIndebtedness under this Agreement or the Subordinated Note Indenture.
Appears in 1 contract
