Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 7 contracts
Samples: Credit Agreement (Equity Office Properties Trust), Revolving Credit Agreement (Equity Office Properties Trust), Revolving Credit Agreement (Eop Operating LTD Partnership)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT CESRRI nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Lp)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT EQR nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) 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 19352005, as amended, or (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow moneymoney or otherwise obtain extensions of credit.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Erp Operating LTD Partnership), Credit Agreement (Erp Operating LTD Partnership), Credit Agreement (Equity Residential)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 4 contracts
Samples: Credit Agreement (Equity Office Properties Trust), Credit Agreement (Equity Office Properties Trust), Credit Agreement (Equity Office Properties Trust)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT Borrower nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Istar Financial Inc), Revolving Credit Agreement (Trinet Corporate Realty Trust Inc), Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT EQR nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow moneymoney or otherwise obtain extensions of credit.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Equity Residential), Revolving Credit Agreement (Equity Residential)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT Guarantor nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Irvine Apartment Communities L P), Unsecured Loan Agreement (Iac Capital Trust)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT General Partner nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, any Qualified Borrower, EOPT nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) a "“holding company" ” or a "67 “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 19352005, as amended, or (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT ABR nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Samples: Revolving Credit Agreement (Arbor Realty Trust Inc)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, any Qualified Borrower, EOPT nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT EQR nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Samples: Revolving Credit Agreement (Erp Operating LTD Partnership)
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended, (y) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of either a "“holding company" ” or a "“subsidiary company" ” 42 within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT nor any Consolidated Subsidiary is (x) an "“investment company" ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment 39 Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT Borrower nor any Consolidated Subsidiary of Borrower is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT General Partner nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act; Public Utility Holding Company Act. Neither the Borrower, EOPT Borrowers nor any Consolidated Subsidiary is (x) an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (y) 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 (z) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
