Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.
Appears in 166 contracts
Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (ATD Corp), Pledge and Security Agreement (Nuvei Corp)
Investment Company Status. No Loan Party or any Subsidiary is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 92 contracts
Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (F45 Training Holdings Inc.), Credit Agreement (A.S.V., LLC)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 70 contracts
Samples: Credit Agreement (Ascena Retail Group, Inc.), Term Loan Agreement (Natural Resource Partners Lp), Credit Agreement
Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 60 contracts
Samples: Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Echo Global Logistics, Inc.), Credit Agreement (Edgen Murray II, L.P.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.
Appears in 29 contracts
Samples: Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)
Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.
Appears in 21 contracts
Samples: Lease I Agreement (Bowlero Corp.), Intercreditor Agreement (Post Holdings, Inc.), First Lien Credit Agreement (Isos Acquisition Corp.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X.
Appears in 16 contracts
Samples: Credit Agreement (LSC Communications, Inc.), Credit Agreement (Match Group, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required and subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)
Investment Company Status. No Loan Party and no Subsidiary of a Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 11 contracts
Samples: Term Loan and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.), Loan and Guaranty Agreement (Tower Automotive, LLC)
Investment Company Status. No Loan Party or any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Credit Agreement (Steven Madden, Ltd.), First Amended and Restated Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required and subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 9 contracts
Samples: Intercreditor Agreement (Toys R Us Inc), Credit Agreement (Sirius Xm Radio Inc.), Credit Agreement (Toys R Us Inc)
Investment Company Status. No Loan Party is an “investment company” as such term is defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Keurig Dr Pepper Inc.), Credit Agreement (Keurig Dr Pepper Inc.), Term Loan Agreement (Keurig Dr Pepper Inc.)
Investment Company Status. No Loan Party is or is required to be registered as an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)
Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and shall not register as, conduct its business or take any action which shall cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.
Appears in 6 contracts
Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended from time to time.
Appears in 4 contracts
Samples: Credit Agreement (Sra International Inc), Credit Agreement (Virtu Financial, Inc.), Restatement Agreement (Virtu Financial, Inc.)
Investment Company Status. No Loan Party Party, nor Holdings, is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Investment Company Status. No Loan Party is an a “registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: 364 Day Bridge Credit Agreement (Dr Pepper Snapple Group, Inc.), Credit Agreement (Dr Pepper Snapple Group, Inc.), Amended And (Dr Pepper Snapple Group, Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined inor “controlled” by an “investment company”, or is required to be registered under, within the meaning of the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Southwestern Energy Co), Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Southwestern Energy Co)
Investment Company Status. No Loan Party is an “investment company” as defined inwithin the meaning of, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Leidos Holdings, Inc.), 364 Day Term Loan Credit Agreement (Leidos Holdings, Inc.), Credit Agreement (Leidos Holdings, Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered under, regulation under the Investment Company Act of 1940.
Appears in 4 contracts
Samples: Credit Agreement (Medifast Inc), Credit Agreement (Align Technology Inc), Credit Agreement (Medifast Inc)
Investment Company Status. No Loan Party is an a company “controlled” by a “registered investment company” as such terms are defined in, or is required to be registered under, in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Madison Square Garden Co), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.)
Investment Company Status. No Loan Party is an “investment companyinvestmentcompany” as defined in, or is required to be registered under, the Investment Company Act of 1940.1940.SECTION 3.09
Appears in 3 contracts
Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)
Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Revolving Credit and Term Loan Agreement (Invitation Homes Inc.), Term Loan Agreement (Invitation Homes Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, or an “investment adviser” within the meaning of the Investment Advisers Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Investment Company Status. No Borrower or Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 3 contracts
Samples: Credit Agreement (Knowles Corp), Credit Agreement (Knowles Corp), Credit Agreement (Knowles Corp)
Investment Company Status. No Loan Party is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Capital Lease Agreement (Symbion Inc/Tn), Credit Agreement (NeoSpine Surgery, LLC), Capital Lease Agreement (Symbion Inc/Tn)
Investment Company Status. No Loan Party is an “investment company” as defined in, or and that is required to be registered under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Harland Clarke Holdings Corp), Credit Agreement (Harland Clarke Holdings Corp)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.”
Appears in 2 contracts
Samples: Credit Agreement (American Apparel, Inc), Credit Agreement (Endeavor Acquisition Corp.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (MPLX Lp)
Investment Company Status. No Loan Party is an “investment company” company as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit and Security Agreement (Hudson Executive Investment Corp.), Credit and Security Agreement (Hudson Executive Investment Corp.)
Investment Company Status. No Original Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Amtrust Financial Services, Inc.), Credit Agreement (National General Holdings Corp.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Credit Agreement (Orion S.A.), Credit Agreement (Orion Engineered Carbons S.A.)
Investment Company Status. No Loan Party nor any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 or shall register as, conduct its business or take any action which shall cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.
Appears in 2 contracts
Samples: Credit Agreement (Fifth & Pacific Companies, Inc.), Credit Agreement (Claiborne Liz Inc)
Investment Company Status. No Loan Party is an “"investment company” " as defined in, or is required to be registered under, the Investment Company Act of 1940.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Amscan Holdings Inc), Abl Credit Agreement (Amscan Holdings Inc)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Qwest Corp), Credit Agreement (Lumen Technologies, Inc.)
Investment Company Status. No Loan Party is an “investment company,” as defined in, or is required to be registered under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: First Lien Credit Agreement (Shift4 Payments, Inc.)
Investment Company Status. No Loan Party or any of its Subsidiaries is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and no European Loan Party has registered as or conducts its business or has taken any action which might cause it to be registered for the purposes of the European Communities (Markets in Financial Instruments) Regulations 2007.
Appears in 1 contract
Samples: Assignment and Assumption (General Cable Corp /De/)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, as an “investment company” under the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940. SECTION 3.09.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment in- vestment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. SECTION 3.09
Appears in 1 contract
Samples: Credit Agreement (Aramark)
Investment Company Status. No Loan Party is an “"investment company” " as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and none of the European Loan Parties carries on any business in the United Kingdom which requires it to be authorized by the U.K. Financial Conduct Authority or the U.K. Prudential Regulation Authority.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined inor “controlled” by an “investment company”, or is required to be registered under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. 107
Appears in 1 contract
Samples: Credit Agreement (Aramark)
Investment Company Status. No Loan Party is an a “registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company”, as such terms are defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Status. No Loan Party is, or is required to be registered as, an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Mesa Laboratories Inc /Co/)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. -152- #96942867v160458181 #96942867v1
Appears in 1 contract
Investment Company Status. No Loan Party is an “"investment company” " as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Revolving Credit Agreement (Millicom International Cellular Sa)
Investment Company Status. No Loan Party or a Group Member is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 1940.. Section 3.06
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or and is not required to be registered under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Sunpower Corp)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. 110
Appears in 1 contract
Samples: Credit Agreement (Aramark)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. SECTION 3.09
Appears in 1 contract
Samples: Credit Agreement (Aramark)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 and none of the European Loan Parties carries on any business in the United Kingdom which requires it to be authorized by the U.K. Financial Conduct Authority or the U.K. Prudential Regulation Authority.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or an “investment advisor” within the meaning of the Investment Advisors Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (BRP Group, Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined inwithin the meaning of, or is required subject to be registered regulation under, the Investment Company Act of 1940.. 49 [[5276821]]
Appears in 1 contract
Investment Company Status. No Loan Party is or is required to be registered as an “investment company” as defined in, or is required to be registered under, in the Investment Company Act of 1940.
Appears in 1 contract
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, the Investment Company Act of 1940.. Section 3.09
Appears in 1 contract
Investment Company Status. No Loan Party is (a) an “investment company” as defined in, or is required subject to be registered regulation under, the Investment Company Act of 19401940 or (b) a “holding company” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment Company Status. No Loan Party is an “"investment company” " as defined in, or and that is required to be registered under, the Investment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Harland Financial Solutions, Inc.)
Investment Company Status. No Loan Party is an “investment company” as defined in, or is required to be registered under, under the Investment Company Act of 1940.
Appears in 1 contract
