Investment Company Act Status, etc. Borrower is not (i) an “investment company,” or a company “controlled” by an “investment company,” as such terms are defined in 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.
Appears in 36 contracts
Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Carter Validus Mission Critical REIT, Inc.)
Investment Company Act Status, etc. Borrower is not (i) an “"investment company,” " or a company “"controlled” " by an “"investment company,” " as such terms are defined in 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.
Appears in 7 contracts
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Investment Company Act Status, etc. Borrower is not (i) an “"investment company,” " or a company “"controlled” " by an “"investment company,” " as such terms are defined in 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 Jaw or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 1 contract
Investment Company Act Status, etc. Borrower is not (i) an “investment company,” or a company “controlled” by an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended, (ii) a “holding company” or a “subsidiary 36 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.
Appears in 1 contract
Samples: Morgans Hotel Group Co.
