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

Investment Company; Public Utility Holding Company. No Loan Party is (i) an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, (ii) a "holding company" or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. No Loan Party Borrower is (i) an a "investment company" or a company "controlled" by an "investment business development company" within the meaning of the Investment Company Act of 1940, as amended, Act. Neither Borrower nor any Subsidiary is (iii) a "holding company" or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiii) except for other Subsidiaries that are business development companies, subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. No Loan Party Borrower is (i) an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, (ii) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. No Loan Party Borrower is (i) an "investment a “business development company" or a company "controlled" by an "investment company" ” within the meaning of the Investment Company Act of 1940, as amended, Act. Neither Borrower nor any Subsidiary is (iii) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company", ,” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company", ,” within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiii) except with respect to Borrower as a business development company under the Investment Company Act, subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. No Loan Party The Company is (i) an a "investment company" or a company "controlled" by an "investment business development company" within the meaning of the Investment Company Act of 1940, as amended, Act. Neither the Company nor any Subsidiary is (iii) a "holding company" or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiii) except for other Subsidiaries that are business development companies, subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

Investment Company; Public Utility Holding Company. No Loan Party Borrower is (i) an a "investment company" or a company "controlled" by an "investment business development company" within the meaning of the Investment Company Act of 1940, as amended, Act. Neither Borrower nor any Subsidiary is (iii) a "holding company" or a "subsidiary company" of a "holding company", ," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company", ," within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iiiii) except for other Subsidiaries that are business development companies, subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.. CREDIT AGREEMENT

Investment Company; Public Utility Holding Company. No Loan Party The Borrower is not (i) an "“investment company" ” or a company "“controlled" ” by an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, (ii) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company"”, or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company"”, within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or to consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.