Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 107 contracts
Samples: Restatement Agreement (HCA Healthcare, Inc.), Restatement Agreement (HCA Healthcare, Inc.), Credit Agreement (HCA Healthcare, Inc.)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 67 contracts
Samples: Day Term Loan Agreement (Owens Corning), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 42 contracts
Samples: Credit Facility Agreement (Arch Capital Group Ltd.), Assignment and Assumption (Arch Capital Group LTD), Loan Agreement (Omni Energy Services Corp)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company,” each as defined in the Investment Company Act of 1940, as amended.
Appears in 41 contracts
Samples: Credit Agreement (GXO Logistics, Inc.), Term Loan Credit Agreement (GXO Logistics, Inc.), Bridge Term Loan Credit Agreement (GXO Logistics, Inc.)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 40 contracts
Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Credit Agreement (Oklahoma Gas & Electric Co)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 38 contracts
Samples: Credit Agreement (Td Synnex Corp), Term Loan Agreement (International Paper Co /New/), Credit Agreement (Synnex Corp)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 38 contracts
Samples: Year Credit Agreement (PPL Montana LLC), Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc), Day Credit Agreement (PPL Montana LLC)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/), Credit Agreement (Florida Rock Industries Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 29 contracts
Samples: Credit Agreement (Avista Corp), Term Loan Credit Agreement (Avista Corp), Credit Agreement (Avista Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 26 contracts
Samples: Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (Knight Transportation Inc), Loan and Security Agreement (Hemagen Diagnostics Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 24 contracts
Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Five Year Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (Oklahoma Gas & Electric Co), Term Loan Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 19 contracts
Samples: Credit Agreement (America First Multifamily Investors, L.P.), Loan Agreement (Pinnacle Financial Partners Inc), Development Loan Agreement (Nevada Geothermal Power Inc)
Investment Company Act. The Borrower is not an “"investment company” within " or a company "controlled" by an "investment company" (as each of the meaning of quoted terms is defined or used in the Investment Company Act of 1940, as amended).
Appears in 18 contracts
Samples: Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Standard Commercial Corp), Loan and Security Agreement (Meadowcraft Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amendedAct.
Appears in 18 contracts
Samples: Term Loan Credit Agreement (US Foods Holding Corp.), Term Loan Credit Agreement (US Foods Holding Corp.), Term Loan Credit Agreement (US Foods Holding Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to registration under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 18 contracts
Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 17 contracts
Samples: Assignment and Assumption (Tampa Electric Co), Assignment and Assumption (Tampa Electric Co), Credit Agreement (Tampa Electric Co)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Loan Agreement (Capstone Companies, Inc.), Business Loan Agreement (Landmark Bancorp Inc), Business Loan Agreement (NANOPHASE TECHNOLOGIES Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Assignment and Assumption (Summit Midstream Partners, LP), Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 15 contracts
Samples: Business Loan Agreement (Elevate.Money REIT I, Inc.), Business Loan Agreement (Medalist Diversified REIT, Inc.), Business Loan Agreement (Landmark Bancorp Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Credit Agreement (Corpbanca/Fi), Bridge Credit Agreement (Aetna Inc /Pa/), Credit Agreement (Aetna Inc /Pa/)
Investment Company Act. The Borrower is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Credit Agreement (Star Buffet Inc), Credit Agreement (Staceys Buffet Inc), Credit Agreement (Star Buffet Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning ," as defined in Section 3 of the Investment Company Act 1940 Act, nor a company that would be an investment company, except for the exclusions from the definition of 1940an investment company in Section 3(C) of the 1940 Act, as amendedand Borrower is not controlled by such a company.
Appears in 11 contracts
Samples: Convertible Loan Agreement (Newcare Health Corp), Convertible Loan Agreement (Simtek Corp), Agreement (La Man Corporation)
Investment Company Act. (i) The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended1940 Act.
Appears in 11 contracts
Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Revolving Credit Agreement (August Technology Corp), Credit Agreement (Alleghany Corp /De), Revolving Credit Agreement (Hach Co)
Investment Company Act. (i) The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit and Guaranty Agreement (Lilis Energy, Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Intra Group Credit Agreement (Avangrid, Inc.), Intra Group Green Loan Agreement (Avangrid, Inc.), Term Loan Agreement (PNM Resources Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended., or required to register as an investment company under such Act. Section 5.10
Appears in 9 contracts
Samples: Loan Credit Agreement (PPL Electric Utilities Corp), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, in each case within the meaning of the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Subordination Agreement (Royal Caribbean Cruises LTD), Subordination Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD)
Investment Company Act. The Borrower is not an “investment company” within the meaning of or otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Foresight Energy LP), Credit Agreement And (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the U.S. Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Electromed, Inc.), Loan Agreement (Soy Energy, LLC), Credit Agreement (Electromed, Inc.)
Investment Company Act. The Such Borrower is not an “investment company” within the meaning of as that term is defined in, and is not otherwise subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement (Avangrid, Inc.), Revolving Credit Agreement
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Loan and Security Agreement (Cryolife Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or required to register as an investment company under such Act.
Appears in 6 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement, Term Loan Credit Agreement (PPL Electric Utilities Corp)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Reschke Michael W), Loan Agreement (Reschke Michael W), Term Loan Agreement (Onyx Acceptance Corp)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust), Loan Agreement (Morgans Foods Inc), Security Agreement (Prospect Medical Holdings Inc)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Year Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/), Assignment Agreement (Nationwide Financial Services Inc/)
Investment Company Act. The Borrower is not an “"investment company” ," or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Pinnacle Gas Resources, Inc.), Credit Agreement (Gladstone Resources Inc), Credit Agreement (Trek Resources Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Gainsco Inc), Revolving Credit and Term Loan Agreement (Astrotech International Corp /New), Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)
Investment Company Act. The Borrower is not an “"investment ---------------------- company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (PPL Corp), Day Credit Agreement (PPL Corp)
Investment Company Act. The Borrower is not an “investment company” Investment Company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Pennsylvania Real Estate Investment Trust), Revolving Credit Loan Agreement (Pennsylvania Real Estate Investment Trust), Revolving Credit and Term Loan Agreement (Pennsylvania Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “investment company” within the meaning of under the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Assignment and Assumption Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Investment Company Act. (i) The Borrower is not an “investment company” within the meaning of of, and is not subject to registration under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 5 contracts
Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amendedAct.
Appears in 4 contracts
Samples: Credit Agreement (Fifth Street Senior Floating Rate Corp.), Credit Agreement (Fifth Street Senior Floating Rate Corp.), Credit Agreement (Pg&e Corp)
Investment Company Act. The Borrower is not an “investment company” within the meaning of of, and is not subject to regulation under, the Investment Company Act of 1940, as amended1940 Act.
Appears in 4 contracts
Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Loan, Pledge and Security Agreement, Loan, Pledge and Security Agreement (Softech Inc), Loan, Pledge and Security Agreement (Softech Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company 1940 Act or is exempt from the provisions of 1940, as amendedthe 1940 Act.
Appears in 4 contracts
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Credit Agreement (Golub Capital BDC, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)
Investment Company Act. The Borrower is not an “investment company” , or a company controlled by an investment company, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Motorcar Parts America Inc), Credit Agreement (Tri-S Security Corp), Credit Agreement (Tri-S Security Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Borrower Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aero Systems Engineering Inc), Revolving Credit Agreement (Lasersight Inc /De), Credit Agreement (Aero Systems Engineering Inc)
Investment Company Act. The Borrower is not neither an “"investment company” " nor a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Century Casinos Inc /Co/), Credit Agreement (Monarch Casino & Resort Inc), Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a Borrower "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Southwestern Energy Co), Assignment Agreement (Southwestern Energy Co), Assignment Agreement (Southwestern Energy Co)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " under the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Mirant Corp), Credit Agreement (Mirant Corp), Credit Agreement (Mirant Americas Generating LLC)
Investment Company Act. The Borrower is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (ECC Capital CORP), Revolving Credit and Security Agreement (Aames Financial Corp/De), Credit Agreement (Next Inc/Tn)
Investment Company Act. The Borrower is not not, nor is it controlled by, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Gruma Sab De Cv), Credit Agreement (Gruma Sab De Cv), Credit Agreement (Gruma Sa De Cv)
Investment Company Act. The Borrower is not an “investment company or a company Controlled by an investment company” , within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of ”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Subordinated Term Loan Agreement (Privatebancorp, Inc), Subordinated Term Loan Agreement (United Community Banks Inc), Subordinated Term Loan Agreement (Crescent Financial Corp)
Investment Company Act. The Borrower is not an “investment company,” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (International Paper Co /New/), Financing Agreement (Met Pro Corp), Financing Agreement (Quaker Chemical Corp)
Investment Company Act. The Borrower is not an “investment company”, a company “controlled by” within the meaning of an “investment company” or a company required to register as an “investment company” each as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Walgreen Co), Bridge Term Loan Agreement (Walgreen Co), Credit Agreement (Walgreen Co)
Investment Company Act. The Borrower is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (PCT LLC), www.sec.gov, PCT LLC
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or is required to be registered as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Term Loan Agreement (Howmet Aerospace Inc.), Term Loan Agreement (Howmet Aerospace Inc.), Assignment and Assumption (Alcoa Inc)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Healthier Choices Management Corp.), Rloc Credit Agreement (Healthier Choices Management Corp.), Rloc Credit Agreement (Healthier Choices Management Corp.)
Investment Company Act. The Borrower is not an “investment company” within the meaning of company as defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Syndicated Food Service International Inc), Credit and Security Agreement (Cohesant Technologies Inc), Credit and Security Agreement (Cohesant Technologies Inc)
Investment Company Act. The Borrower is not, and immediately after the application of the proceeds of each Loan hereunder will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Year Credit Agreement (American Express Credit Corp), Subscription Agreement (American Express Credit Corp)
Investment Company Act. The Borrower is not and, after the borrowing of the Senior Loans and the application of the proceeds thereof as described in the Disclosure Documents, will not be an “investment company” within as defined in the meaning of the United States Investment Company Act of 1940, as amendedamended (the “Investment Company Act”).
Appears in 2 contracts
Samples: Credit Agreement (NextDecade Corp.), Credit Agreement (NextDecade Corp.)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Novastar Financial Inc), Credit Agreement (Capital Associates Inc)
Investment Company Act. The Borrower is not an “"investment company” " nor a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Security Agreement (Spincycle Inc), Loan and Security Agreement (Spincycle Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)
Investment Company Act. The Borrower is not an “"investment company” " or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (American Home Mortgage Holdings Inc), Loan and Security Agreement (American Home Mortgage Holdings Inc)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation as an “investment company” under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning " as defined in Section 3 of the Investment Company 1940 Act nor a company that would be an investment company, except for the exclusions from the definition of 1940an investment company in Section 3(C) of the 1940 Act, as amendedand Borrower is not controlled by such a company.
Appears in 2 contracts
Samples: Convertible Loan Agreement (Play by Play Toys & Novelties Inc), Loan Agreement (Lifequest Medical Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. Section 4.12.
Appears in 2 contracts
Samples: Year Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Investment Company Act. The Borrower is not an “"investment ---------------------- company", or a company "controlled" by an "investment company” ", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Life Financial Corp), Conectiv Inc
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 19401940 of the United States, as amended.
Appears in 2 contracts
Investment Company Act. The Borrower is not an “investment company,” within the meaning of as such term is defined in the Investment Company Act of 1940, as amendedAct.
Appears in 2 contracts
Samples: Credit Agreement (Xcel Energy Inc), Credit Agreement (Xcel Energy Inc)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Image Entertainment Inc), Credit Agreement (Image Entertainment Inc)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled by an investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Onesource Technologies Inc), Credit and Reimbursement Agreement (Alliance Medical Corp)
Investment Company Act. The Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. 7.10.
Appears in 2 contracts
Samples: Version Credit Agreement (Pitney Bowes Inc /De/), Version Credit Agreement (Pitney Bowes Inc /De/)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of " or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Financing Agreement (Panda Ethanol, Inc.), Credit Agreement (Regan Holding Corp)
Investment Company Act. The Borrower is not an “"investment company” ", or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Credentials Services International Inc), Credit Agreement (Credentials Services International Inc)
Investment Company Act. The Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. bt. [Intentionally Omitted.]
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " ---------------------- or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (HCS Ii Inc), Assignment Agreement (Washington Real Estate Investment Trust)
Investment Company Act. The Borrower is not an “"investment company” " or a company "controlled" by an "investment company", within the meaning of the United States Investment Company Act of 1940, 1940 as amended.;
Appears in 2 contracts
Samples: Loan Agreement (Mercer International Inc), Loan Agreement (Mercer International Inc)
Investment Company Act. The Borrower is not an “investment company” (within the meaning of the Investment Company Act of 1940, as amended).
Appears in 2 contracts
Samples: Credit Agreement (CMS Energy Corp), Credit Agreement (Consumers Energy Co)
Investment Company Act. The Borrower is not an “"investment company” " or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Borrower is not a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Amended And (Continental Homes Holding Corp), Loan Agreement (Employee Solutions Inc)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ," as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)
Investment Company Act. The Borrower is not an “"investment company” within the meaning of ", a company "controlled by" an "investment company" or a company required to register as an "investment company," each as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Investment Company Act. The Borrower is not an “"investment company” " or a Person "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Secured Credit Agreement (Frontier Airlines Inc /Co/), Credit Agreement (Frontier Airlines Inc /Co/)
Investment Company Act. The Borrower is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.. 5.11
Appears in 2 contracts
Samples: Credit Agreement (Laboratory Corp of America Holdings), Term Loan Credit Agreement (Laboratory Corp of America Holdings)
Investment Company Act. The Borrower is not an “"investment company” ' or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Electronic Fab Technology Corp), Credit Agreement (Analytical Surveys Inc)
Investment Company Act. The Borrower is not an “investment company”, nor a company “controlled” within the meaning of by an “investment company,” as defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan Agreement (MSG Spinco, Inc.), Loan Agreement (Madison Square Garden Co)
Investment Company Act. The Borrower is not an “investment company,” within the meaning of as defined in, or subject to registration under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Investment Company Act. The Such Borrower is not an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Capmark Finance Inc.), Credit Agreement (Capmark Financial Group Inc.)
Investment Company Act. The Such Borrower is not an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ameren Illinois Co), Credit Agreement (Ameren Illinois Co)
Investment Company Act. The Borrower is not an “investment company” or is not controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amendedAct.
Appears in 2 contracts
Samples: Mortgage Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.), Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)
