Common use of Investment Company Act; Other Regulations Clause in Contracts

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)

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Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation which limits its ability to incur Indebtedness.

Appears in 4 contracts

Samples: And Guarantee Agreement (Harris Chemical North America Inc), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation which Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.

Appears in 4 contracts

Samples: Credit Agreement (American Skiing Co /Me), Credit Agreement (American Skiing Co /Me), Senior Bridge Loan Agreement (Charter Communications Holdings Capital Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal federal, state or State other statute or regulation which limits its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (El Paso Corp/De), Credit Agreement (EP Energy Corp)

Investment Company Act; Other Regulations. No Borrower is an “investment company”, or a company “controlledby an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Borrower is subject to regulation under any Federal or State statute or regulation which Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Roper Industries Inc), Credit Agreement (Roper Industries Inc)

Investment Company Act; Other Regulations. No Borrower 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 Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (El Paso Production Holding Co), Credit Agreement (El Paso Production Holding Co)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Uncommitted Credit Agreement (Par Petroleum Corp/Co), Uncommitted Credit Agreement (Par Petroleum Corp/Co)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation which Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtednessthe Indebtedness to be incurred hereunder.

Appears in 1 contract

Samples: Credit Agreement (Lear Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation which Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (USMD Holdings, Inc.)

Investment Company Act; Other Regulations. No Borrower is an "investment company", or a company "controlled" by an "investment company”, within the meaning of " required to register as such under the Investment Company Act of 1940, as amended, within the meaning of such act. No Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Dynatech Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any United States Federal or State state statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessDebt.

Appears in 1 contract

Samples: Credit Agreement (Young & Rubicam Inc)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute law or regulation which limits its ability to incur Indebtednessthe Indebtedness to be incurred by it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Amerco /Nv/)

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Investment Company Act; Other Regulations. No Borrower is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amendedAct. No Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Federal Reserve Board) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.

Appears in 1 contract

Samples: Credit Agreement (Johnsondiversey Holdings Inc)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute law or regulation which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Agreement (Federal Mogul Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State provincial statute or regulation which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Harris Chemical North America Inc)

Investment Company Act; Other Regulations. No Borrower is an “investment company”, ,” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amendedAct. No Borrower is subject to regulation under any Federal federal or State state statute or regulation (other than Regulation X of the Board) which limits its ability to incur IndebtednessIndebtedness as contemplated hereby.

Appears in 1 contract

Samples: Abl Credit Agreement (Univar Inc.)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute law or regulation which limits its ability to incur Indebtednessthe Indebtedness to be incurred by it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute law or regulation which limits its ability to incur Indebtednessthe Indebtedness to be incurred by it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is None of the Borrowers are subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board of Governors of the Federal Reserve System) which limits its ability to incur IndebtednessIndebtedness under this Agreement or other Credit Documents.

Appears in 1 contract

Samples: Floor Plan Agreement (Zaring National Corp)

Investment Company Act; Other Regulations. No 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. No Borrower is subject to regulation under any Federal or State statute or regulation (other than Regulation X of the Board) which limits its ability to incur IndebtednessIndebtedness under the Loan Documents.

Appears in 1 contract

Samples: Multi Currency Credit Agreement (Harman International Industries Inc /De/)

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