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

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary is, or after giving effect to any Advance 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. Neither the Borrower nor any Subsidiary is 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.

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary isis (a) an "investment company," or an "affiliated person" of, or after giving effect to any Advance will be"promoter" or "principal underwriter" for, an "investment company" or a company "controlled" by an "investment company" within the meaning of , as such terms are defined in the Investment Company Act of 1940, as amendedamended (15 U.S.C. ss. Neither the Borrower nor any Subsidiary is a "holding company"80a-1, et seq.) or an "affiliate" of (b) a "holding company" as defined in, or of a "subsidiary company" of a "holding company"otherwise subject to regulation under, within the meaning of the Public Utility Holding Company Act of 1935, as amended.;

Investment Company; Public Utility Holding Company. Neither the Borrower nor any Subsidiary is, or after giving effect to any Advance 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. Neither the Borrower nor any Subsidiary is 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.

Investment Company; Public Utility Holding Company. Neither the Borrower Company nor any Subsidiary is, or after giving effect to any Advance will be, 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 Borrower Company nor any Subsidiary is 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 as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.