Investment Company Act; Public Utility Holding Company Act; Other Restrictions. 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 a “holding company”, or an “affiliate” of a “holding company” or a “subsidiary company” of a “holding company”, within the meaning of the United States Public Utility Holding Company Act of 1935, as amended. No Loan Party is subject to regulation under any law or regulation which limits its ability to incur Indebtedness, other than Regulation X of the Board of Governors of the Federal Reserve System.
Investment Company Act; Public Utility Holding Company Act; Other Restrictions. Neither Tensar Holdings, Tensar nor any of the Subsidiaries is (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, and (c) subject to any other federal or state statute that restricts or limits its ability in any material respect to enter into the Lease/Purchase Facilities Documents or the Second Lien Commodities Purchase Facility Documents, or to perform its obligations thereunder.
Investment Company Act; Public Utility Holding Company Act; Other Restrictions. Neither Tensar Holdings, Tensar nor any of the Subsidiaries is (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, and (c) subject to any other federal or state statute that restricts or limits its ability in any material respect to enter into the Second Lien Commodities Purchase Facility Documents, or to perform its obligations thereunder.
Investment Company Act; Public Utility Holding Company Act; Other Restrictions. No Company 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, except to the extent such "investment company" is not required to be registered under such Act. No Company is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the United States Public Utility Holding Company Act of 1935, as amended. No Company is subject to regulation under any law or regulation which limits its ability to incur Indebtedness, other than Regulation X of the Board of Governors of the Federal Reserve System and the Gaming Law.
Investment Company Act; Public Utility Holding Company Act; Other Restrictions. Neither Borrower nor any Subsidiary is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. Neither Borrower nor any Subsidiary is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended. No Obligor is subject to regulation under any federal or state statute or regulation which limits its ability to incur Indebtedness.
Investment Company Act; Public Utility Holding Company Act; Other Restrictions. No Company is required to register as an investment company under the United States Investment Company Act of 1940, as amended. No Company is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the United States Public Utility Holding Company Act of 1935, as amended. No Obligor is subject to regulation under any law or regulation which limits its ability to incur Indebtedness, other than Regulation X of the Board of Governors of the Federal Reserve System.
