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

Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 26 contracts

Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Morrison Knudsen Corp//), Guaranty Agreement (Oil Dri Corporation of America)

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Investment Company; Public Utility Holding Company. Neither the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 23 contracts

Samples: Credit Agreement, Credit Agreement (Rent Way Inc), Credit Agreement (Cleveland Cliffs Inc)

Investment Company; Public Utility Holding Company. Neither the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 13 contracts

Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (American Pharmaceutical Partners Inc /De/), Credit Agreement (CTS Corp)

Investment Company; Public Utility Holding Company. Neither the Company Borrower nor any Subsidiary of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc)

Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Oil-Dri Corp of America)

Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)

Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.public

Appears in 1 contract

Samples: Long Term Multicurrency Credit Agreement (Anicom Inc)

Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Hk Systems Inc)

Investment Company; Public Utility Holding Company. Neither the Company 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Credit Agreement (Gallagher Arthur J & Co)

Investment Company; Public Utility Holding Company. Neither the No Company nor or 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (LTN Staffing, LLC)

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Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. .

Appears in 1 contract

Samples: Short Term Credit Agreement (Anicom Inc)

Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary is an "investment company" or a "company "controlled" by an "investment company" or an "affiliate" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Neither the Company nor any Subsidiary is a "holding company", or a "public utility subsidiary company" of a "holding company", or an affiliate" of a "holding company" within the meaning or of a "subsidiary company" of a "holding company", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. 8.17.

Appears in 1 contract

Samples: Revolving Credit Agreement (Colonial Gas Co)

Investment Company; Public Utility Holding Company. Neither the -------------------------------------------------- Company nor any Subsidiary of its subsidiaries is (i) an "investment company" company or a company "controlled" controlled by an "investment company" company within the meaning of the Investment Company Act of 1940, as amendedamended (the Investment Company Act), and the rules and regulations of the Commission thereunder or (ii) a holding company or a "public utility subsidiary company of a holding company" company or an affiliate thereof within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telecorp Tritel Holding Co)

Investment Company; Public Utility Holding Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)

Investment Company; Public Utility Holding Company. Neither the 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, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended. Section 6.14.

Appears in 1 contract

Samples: Term Credit Agreement (Anicom Inc)

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