Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.
Appears in 20 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Thomas Properties Group Inc)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 12 contracts
Samples: Loan Agreement (Continental Health Affiliates Inc), Loan Agreement (Hallwood Realty Partners L P), Loan Agreement (Alternative Living Services Inc)
Investment Company Act; Public Utility Holding Company Act. No Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 6 contracts
Samples: Loan Agreement (American Real Estate Investment Corp), Mezzanine Loan Agreement (Hudson Hotels Corp), Loan Agreement (Fortress Investment Corp)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Avalon Properties Inc), Revolving Credit Agreement (Tower Realty Trust Inc), Revolving Credit Agreement (Carramerica Realty Corp)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 5 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Gladstone Commercial Corp), Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation Requirement which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Credit Agreement (Cabot Industrial Trust), Assignment and Assumption Agreement (Cabot Corp), Assignment and Assumption Agreement (Cabot Industrial Trust)
Investment Company Act; Public Utility Holding Company Act. Borrower Operator is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Mezzanine Loan Agreement (Brookdale Living Communities Inc)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” ”, within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Kilroy Realty Corp), Revolving Credit Agreement (Kilroy Realty Corp), Credit Agreement (Kilroy Realty, L.P.)
Investment Company Act; Public Utility Holding Company Act. Neither the Guarantor nor the Borrower is not (ix) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940Act, as amended, (iiy) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation Law which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp), Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (ia) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, (iib) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Loan Agreement (Comstock Mining Inc.), Loan Agreement (Strategic Realty Trust, Inc.)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Great Wolf Resorts, Inc.)
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 2 contracts
Samples: Loan Agreement (Echelon International Corp), Loan Agreement (Las Vegas Sands Inc)
Investment Company Act; Public Utility Holding Company Act. Borrower is not not: (i) an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended, ; (ii) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended, ; or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Great Wolf Resorts, Inc.), Loan Agreement (Great Wolf Resorts, Inc.)
Investment Company Act; Public Utility Holding Company Act. Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Borrower Lessee is not (i) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (ii) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. The Borrower is not (ix) an “"investment company” " or a company “"controlled” " by an “investment "in vestment company,” ", within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Samples: Credit Agreement (Meditrust Corp)
Investment Company Act; Public Utility Holding Company Act. Borrower The borrower is not (ia) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iib) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiic) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreementmoney.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Borrower Such Assignor is not (ix) an “"investment company” " or a company “"controlled” " by an “"investment company,” " within the meaning of the Investment Company Act of 1940, as amended, (iiy) a “"holding company” " or a “"subsidiary company” " of a “"holding company” " or an “"affiliate” " of either a “"holding company” " or a “"subsidiary company” " within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money in accordance with this Agreement(other than usury laws).
Appears in 1 contract
Samples: Assignment and Security Agreement (Ce Generation LLC)
