Investment Company Act. Neither the Borrower nor any Subsidiary is 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 171 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Ryland Group Inc), Credit Agreement (Papa Johns International Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 130 contracts
Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Equity Oil Co), Credit Agreement (Kansas City Power & Light Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 113 contracts
Samples: Credit Agreement (New Source Energy Corp), Credit Agreement (Santa Maria Energy Corp), Senior Revolving Credit Agreement (Petrohawk Energy Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 56 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Escrow Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 48 contracts
Samples: Credit Agreement (Crimson Exploration Inc.), Credit Agreement (Wca Waste Corp), Credit Agreement (McMoran Oil & Gas Co /De/)
Investment Company Act. Neither the Borrower Company nor any Subsidiary is 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 35 contracts
Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (Regal Beloit Corp), Share Purchase Agreement (Bemis Co Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 32 contracts
Samples: Credit Agreement (Norstan Inc), Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Loan Agreement (Isecuretrac Corp), Loan Agreement (Home Solutions of America Inc), Credit Agreement (Home Solutions of America Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 29 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (American Equity Investment Life Holding Co), Credit Agreement (Dain Rauscher Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 25 contracts
Samples: Credit Agreement (Daktronics Inc /Sd/), Credit Agreement (Penn Virginia Corp), Revolving Credit Agreement (Wca Waste Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 25 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Nine Energy Service, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 23 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (Pyramid Delaware Merger Subsidiary, Inc.), Credit Agreement (Pyramid Oil Co)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “investment company” as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 22 contracts
Samples: Term Loan Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 21 contracts
Samples: Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Flowserve Corp), First Lien Credit Agreement (Weight Watchers International Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 18 contracts
Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Rowan Companies Inc), Credit Agreement (Hi-Crush Partners LP)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Senior Secured Term (Rice Energy Inc.), Credit Agreement (Atlas Energy, L.P.), Credit Agreement (Atlas Resource Partners, L.P.)
Investment Company Act. Neither None of the Borrower nor or any Subsidiary is an “investment company” or a company is “controlled” by an “investment company”,” as such terms are defined in, within the meaning of or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Avedro Inc), Credit Agreement (Natera, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 14 contracts
Samples: Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Second Lien Term Loan and Security Agreement (Innotrac Corp), Revolving Credit and Security Agreement (Intelligroup Inc), Revolving and Term Credit and Security Agreement (Aerosonic Corp /De/)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 11 contracts
Samples: Credit Agreement (Fastenal Co), Loan Agreement (Lifevantage Corp), Construction and Term Loan Agreement (Rex Stores Corp)
Investment Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is 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 11 contracts
Samples: Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co), Credit Agreement
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 11 contracts
Samples: Loan Agreement (Sharps Compliance Corp), Loan Agreement (Global Geophysical Services Inc), Loan Agreement (Penson Worldwide Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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: Assignment Agreement, Assignment Agreement (Beazer Homes Usa Inc), Assignment Agreement (Beazer Homes Usa Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 8 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Term Loan Agreement (Jack Henry & Associates Inc), Credit Agreement (Bemis Co Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is is, or after giving effect to any Loan will be, 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 8 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 7 contracts
Samples: Credit Agreement (Puget Energy Inc /Wa), Assignment and Assumption (Visa Inc.), Credit Agreement (Puget Sound Energy Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 7 contracts
Samples: Credit Agreement (Insperity, Inc.), Loan Agreement (Sharps Compliance Corp), Loan Agreement (University General Health System, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary ---------------------- thereof is 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 7 contracts
Samples: Assignment Agreement (Money Store Inc /Nj), Assignment Agreement (Gardner Denver Inc), Assignment Agreement (Torchmark Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 7 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc), Credit Agreement (Isramco Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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: Term Loan Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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: Term Credit Agreement (Stepan Co), Credit Agreement (Stepan Co), Credit Agreement (Stepan Co)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Summit Midstream Partners, LP), Credit Agreement (Summit Midstream Partners, LP), Credit Agreement (Rotech Healthcare Inc)
Investment Company Act. Neither the Borrower nor any ------------------------ Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (St Mary Land & Exploration Co), Credit Agreement (Us Energy Corp), Credit Agreement (Us Energy Corp)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is 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 (Atlantic City Electric Co), Credit Agreement (Potomac Electric Power Co), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Facility and Security Agreement (Continucare Corp), Credit and Security Agreement (Prestige Cosmetics Corp), Credit Agreement (Boca Research Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Non Revolving Credit and Security Agreement (Unilife Corp), Loan and Security Agreement (Impax Laboratories Inc), Loan and Security Agreement (Primo Water Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Loan Agreement (Rf Monolithics Inc /De/), Credit Agreement (Ezcorp Inc), Loan Agreement (Interphase Corp)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 (Del Frisco's Restaurant Group, Inc.), Credit Agreement (Eclipse Resources Corp), Credit Agreement (Eclipse Resources Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “Person "controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Reinsurance Group of America Inc), Credit Agreement (Lechters Inc)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is 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 (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 and Security Agreement (Pemstar Inc), Credit and Security Agreement (Primegg LTD), Credit and Security Agreement (Premiumwear Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 (Nui Corp /Nj/), Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc)
Investment Company Act. Neither the any Borrower nor any Subsidiary is 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 (Arcbest Corp /De/), Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Arcbest Corp /De/)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 (Pepco Holdings Inc), Assignment Agreement (Pepco Holdings Inc), Loan Agreement (Delmarva Power & Light Co /De/)
Investment Company Act. Neither the No Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Agreement (Ch2m Hill Companies LTD), Credit Agreement (Sunlink Health Systems Inc), Credit Agreement (Cabelas Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is 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 (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Investment Company Act. Neither None of the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Senior Unsecured Term Loan Agreement (Scripps Networks Interactive, Inc.), Year Competitive Advance And (Scripps Networks Interactive, Inc.), Year Competitive Advance And (Scripps Networks Interactive, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is 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: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amended, and is not controlled by such a company.
Appears in 4 contracts
Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO), Security Agreement (Rock-Tenn CO)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” ”, or a company “controlled” by 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 4 contracts
Samples: Credit Agreement (Raytheon Co/), Credit Agreement (Raytheon Co/), Raytheon Co/
Investment Company Act. Neither the Borrower nor any Subsidiary is ---------------------- 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: Assignment Agreement (Howmet International Inc), Credit Agreement (Transit Group Inc), Credit Agreement (Luiginos Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. 5.15.
Appears in 4 contracts
Samples: Credit Agreement (Inland Western Retail Real Estate Trust Inc), Term Loan Credit Agreement (InvenTrust Properties Corp.), Credit Agreement (Inland Diversified Real Estate Trust, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Dune Energy Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Restricted Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Credit Agreement (Heckmann Corp), Credit Agreement (Heckmann Corp), Credit Agreement (Pioneer Drilling Co)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by 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 4 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc), Possession Credit Agreement (Rotech Healthcare Inc)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary thereof is 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: Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc), Credit Agreement (Torchmark Corp)
Investment Company Act. Neither None of the Borrower nor Borrowers or any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Dresser Inc), Credit Agreement (Cloud Peak Energy Inc.), Credit Agreement (Dresser-Rand Group Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” or a “subsidiary” of an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is 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: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.)
Investment Company Act. Neither the 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, or (y) 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 (Istar Financial Inc), Credit Agreement (Istar Financial Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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: Short Term Loan Agreement (Pepco Holdings Inc), Loan Agreement (Potomac Electric Power Co), Short Term Loan Agreement (Pepco Holdings Inc)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Term Loan Agreement (Quest Resource Corp), Loan Agreement (Quest Resource Corp), Third Lien Term Loan Agreement (Quest Resource Corp)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Globenet Communications Group LTD), Credit Agreement (Global Crossing Holdings LTD), Credit Agreement (Global Crossing LTD)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the “control” of an “investment company,” as those terms are defined in such Act, and shall not become such an “investment company” or under such “control.”
Appears in 3 contracts
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc), Guaranty Agreement (Universal Stainless & Alloy Products Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is 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 (E Loan Inc), Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Mortgage Com Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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: Day Credit Agreement (Mead Corp), Assignment Agreement (DPL Inc), Acquisition Credit Agreement (Transit Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amendedamended from time to time.
Appears in 3 contracts
Samples: Credit Agreement (Freeport McMoran Inc), Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Resource Partners Limited Partnership)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Input Output Inc)
Investment Company Act. Neither None of the Borrower nor or any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Control Agreement (Secure Computing Corp), Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)
Investment Company Act. Neither the No Borrower nor any respective Subsidiary is an “investment company” ”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Borrower is subject to any Federal or state statute or regulation, which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DriveTime Automotive, Inc.)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.. 5.17
Appears in 2 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Atlantic City Electric Transition Funding LLC)
Investment Company Act. Neither NeitherNone of Holdings, the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Bill Barrett Corp), Credit Agreement (HighPoint Resources Corp)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “"investment company” " or a company “Person "controlled” " by a Person required to register as an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Medianews Group Inc), Credit Agreement (Medianews Group Inc)
Investment Company Act. Neither the any Borrower nor any Subsidiary is 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 (Transcoastal Marine Services Inc), Credit Agreement (Transcoastal Marine Services Inc)
Investment Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is 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 (Union Electric Co), Credit Agreement (Union Electric Co)
Investment Company Act. Neither of the Borrower Borrowers nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Senior Credit Agreement (Quest Resource Corp), Senior Credit Agreement (Quest Resource Corp)
Investment Company Act. Neither the Borrower nor any Significant Subsidiary thereof is 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 (Protective Life Corp), Credit Agreement (Protective Life Insurance Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “controlled” controlled by an “"investment company”, within the meaning of " as each term is defined in the Investment Company Act of 1940, as amended1940 or subject to regulation thereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pittston Co), Credit Agreement (Pittston Co)
Investment Company Act. Neither None of the Borrower nor any Principal Subsidiary thereof is 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 (Dynegy Inc), Assignment Agreement (Dynegy Inc)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is 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 (Pepco Holdings Inc), Credit Agreement (Baltimore Gas & Electric Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Panavision Inc), Credit Agreement (Panavision Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 and Subordinated Debenture Purchase Agreement (Centrue Financial Corp), Credit Agreement (Isramco Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, " within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 2 contracts
Samples: Credit Agreement (Rowan Companies Inc), Credit Agreement (Rowan Companies Inc)
Investment Company Act. Neither the Borrower such Borrowing Subsidiary nor any Subsidiary thereof is 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: Assignment Agreement (Enesco Group Inc), Senior Revolving Credit Agreement (Enesco Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by 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 (Raytheon Co/), Credit Agreement (Raytheon Co/)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pilgrim America Capital Corp), Credit Agreement (Pilgrim Capital Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is 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 (Midway Games Inc), Revolving Credit and Term Loan Agreement (Adelphia Communications Corp)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company”, or an “affiliated company” or a company “controlledprincipal underwriter” by of an “investment company”, within the meaning of as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the "control" of an "investment company," as those terms are defined in such Act, and shall not become such an "investment company" or under such "control."
Appears in 2 contracts
Samples: Loan Agreement (Atlas Pipeline Partners Lp), Loan Agreement (Resource America Inc)
Investment Company Act. Neither the No Borrower nor any Subsidiary is 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 (MPW Industrial Services Group Inc), Credit Agreement (MPW Industrial Services Group Inc)
Investment Company Act. Neither the Borrower Borrowers nor any Subsidiary is are 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 (Bogen Communications International Inc), Credit Agreement (Bogen Communications International Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Shaw Group Inc)
Investment Company Act. Neither None of the Borrower Borrowers nor any Subsidiary is 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 (CorEnergy Infrastructure Trust, Inc.), Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary of the Borrower is 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: Warehouse Credit Agreement (E Loan Inc), Warehouse Credit Agreement (E Loan Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is 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 (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of and subject to regulation under the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (American Real Estate Holdings L P), Credit Agreement (National Energy Group Inc)
