Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Group 1 Automotive Inc), Revolving Credit Agreement (Group 1 Automotive Inc), Group 1 Automotive Inc
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is (a) an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is , as amended or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 3 contracts
Samples: Investment Agreement (Sunsource Inc), Investment Agreement (Sunsource Inc), Investment Agreement (Blue Rhino Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its the Subsidiaries is (a) an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 3 contracts
Samples: Credit Agreement (Conexant Systems Inc), Credit Agreement (Conexant Systems Inc), Credit Agreement (Playboy Enterprises Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "“investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, ” within the meaning of the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is , as amended, or a "“holding company" as defined in”, or subject to regulation undera “subsidiary company” of a “holding company”, or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company”, within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Kaman Corp), Term Loan Credit Agreement (Kaman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, within the meaning of the Investment Company Act of 1940. Neither the Company nor any , as amended, or a "holding company", or a "subsidiary company" of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" as defined inor of a "subsidiary company" of a "holding company", or subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Kaman Corp), Revolving Credit Agreement (Kaman Corp)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is (a) an "“investment company" or company "controlled" by an investment company ” as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.. Credit Agreement
Appears in 2 contracts
Samples: Credit Agreement (Newell Rubbermaid Inc), Credit Agreement (Newell Rubbermaid Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Company any Borrower nor any of its Restricted Subsidiaries is an "investment company" or company "controlled" by an investment company as that term is defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940, as amended. Neither the Company any Borrower nor any of its Restricted Subsidiaries is a "holding company" as that term is defined in, or is otherwise subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Master Loan Agreement (Knology Inc), Master Loan Agreement (Knology Inc)
Investment Company Act; Public Utility Holding Company Act. Neither None of the Company nor or any of its the Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended. Neither None of the Company nor or any of its the Subsidiaries is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Providian Corp
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "“investment company" ” or company "“controlled" ” by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Revolving Credit Agreement (Group 1 Automotive Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is (a) an "“investment company" or company "controlled" by an investment company ” as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is , as amended or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "investment company" or a company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of 1940. Neither the Company nor any of its Subsidiaries is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Security and Pledge Agreement (Asbury Automotive Group Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Company nor any of its Subsidiaries is an "investment company" or company "controlled" by an investment company as defined in, or subject to regulation under, the Investment Company Act of THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT 71 73 1940. Neither the Company nor any of its Subsidiaries is a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Company it nor any of its Subsidiaries subsidiaries is an "“investment company" or company "controlled" by an investment company ” as defined in, or is otherwise subject to regulation under, the Investment Company Act of 1940. Neither the Company it nor any of its Subsidiaries subsidiaries is a "holding company" as defined in, or subject to regulation under, as a “holding company” under the Public Utility Holding Company Act of 1935.
Appears in 1 contract
