Common use of Investment Company Act; Public Utility Holding Company Act Clause in Contracts

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries 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; (b) 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 (c) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither Except as set forth on Schedule 3.11, the Borrower nor any of its Subsidiaries is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended; (b) 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 (c) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Each of Borrower nor any of its Subsidiaries and First Mortgage Borrower is not (ai) an "“investment company", ” or a company "“controlled" ” by an "“investment company", ,” within the meaning of the Investment Company Act of 1940, as amended; , (bii) 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 (ciii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow moneymoney in accordance with this Agreement.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower No Loan Party nor any of its Subsidiaries is (ax) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the The ---------------------------------------------------------- Borrower nor any of its Subsidiaries is not (a) an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended; (b) 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 (c) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the No Borrower nor any of its Subsidiaries is (ai) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (bii) a "holding 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 (ciii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ax) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.. 7.12

Investment Company Act; Public Utility Holding Company Act. Neither Holdings nor the Borrower nor any of its Subsidiaries is (ax) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ax) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ax) an "“investment company", ” or a company "“controlled" ” by an "“investment company", ,” within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither None of the Borrower nor any of its Subsidiaries Borrowers 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; (b) 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 (c) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the The Borrower nor any of its Subsidiaries is not (ax) an "investment company", " or a company "controlled" by an ------------------ ---------- "investment company", within the meaning of the Investment Company Act of 1940, ------------------ as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries Guarantor is (ax) an "“investment company", ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries Guarantor is (ax) an "“investment company", ” or a company "“controlled" ” by an "“investment company"”, within the meaning of the Investment Company Act of 1940, as amended; , (by) 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 (cz) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.

Investment Company Act; Public Utility Holding Company Act. Neither the Borrower nor any of its Subsidiaries is (ai) an "investment company", " or a company "controlled" by an "investment company", ," within the meaning of the Investment Company Act of 1940, as amended; , (bii) 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 (ciii) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.