Investment Company Status. It is not an “investment company” as such term is defined in the 1940 Act.
Appears in 20 contracts
Samples: Loan and Servicing Agreement (Owl Rock Capital Corp III), Financing and Servicing Agreement (Blackstone Private Credit Fund), Loan and Servicing Agreement (Blackstone Private Credit Fund)
Investment Company Status. It The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 20 contracts
Samples: Common Unit Purchase Agreement (EV Energy Partners, LP), Subscription Agreement (SEACOR Marine Holdings Inc.), Purchase Agreement (Constellation Energy Group Inc)
Investment Company Status. It The Company is not an “investment company” as such term is defined in in, or subject to regulation under, the 1940 ActInvestment Company Act of 1940.
Appears in 16 contracts
Samples: Credit Agreement (Xl Group PLC), Term Credit Agreement (Broadridge Financial Solutions, Inc.), Revolving Credit Agreement (F5, Inc.)
Investment Company Status. It The Company is not an “investment company” as defined in, or subject to regulation as such term is defined in under, the 1940 ActInvestment Company Act of 1940.
Appears in 10 contracts
Samples: Term Loan Agreement (Conagra Brands Inc.), Assignment and Assumption (Conagra Brands Inc.), Term Loan Agreement (Conagra Brands Inc.)
Investment Company Status. It is not an “investment company” or a company controlled by an “investment company,” as such term is terms are defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Loan Financing and Servicing Agreement (Oaktree Strategic Income Corp), Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp)
Investment Company Status. It The Company is not, and is not an Affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 6 contracts
Samples: Common Share Purchase Agreement (Interoil Corp), Stock Purchase Agreement (Spacehab Inc \Wa\), Common Share Purchase Agreement (Interoil Corp)
Investment Company Status. It is The Company, after giving effect to the offering and sale of the Securities, will not be an “investment company” within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 6 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Investment Company Status. It The Company is not an “investment company,” or a company controlled by an “investment company” as such term is defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Securities Exchange Agreement (Agrify Corp), Voting Agreement (Velo3D, Inc.), Securities Exchange Agreement (Agrify Corp)
Investment Company Status. It The Company is not, and upon consummation of the sale of the Notes will not be, an “investment company” as such term is defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Series a Note Purchase Agreement (Storm Cat Energy CORP), Series B Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP)
Investment Company Status. It is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such term is defined in the 1940 Act.
Appears in 2 contracts
Samples: Credit Agreement (Americredit Corp), Credit Agreement (Americredit Financial Services Inc)
Investment Company Status. It is The Company, after giving effect to the offering and sale of the Shares, will not be an “investment company” within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 2 contracts
Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)
Investment Company Status. It The Company is not, and upon consummation of the sale of the Securities will not be, an “investment company” as such term is defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Javo Beverage Co Inc), Securities Purchase Agreement (Javo Beverage Co Inc)
Investment Company Status. It is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such term is defined in the 1940 Act.;
Appears in 2 contracts
Samples: Receivables Financing Agreement (United Pan Am Financial Corp), Receivables Financing Agreement (United Pan Am Financial Corp)
Investment Company Status. It The Company is not an “investment company” within the meaning of the U.S. Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 1 contract
Samples: Convertible Secured Debenture Purchase Agreement (Health Systems Solutions Inc)
Investment Company Status. It The Company is not an “"investment company” " within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 1 contract
Investment Company Status. It The Company is not an “investment company” as such term defined in, nor is defined in it subject to regulation under, the 1940 ActInvestment Company Act of 1940.
Appears in 1 contract
Samples: Credit Agreement (Tapestry, Inc.)
Investment Company Status. It The Company is not an “investment company” as such term is defined in in, or subject to regulation under, the 1940 Act.Investment Company Act of 1940. 77
Appears in 1 contract
Investment Company Status. It The Company is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as such term is defined in the 1940 Actamended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Teekay Tankers Ltd.)
Investment Company Status. It The Company is not an “investment company” as such term is defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Status. It is not an “investment company” ”, as such term is defined in the 1940 Act.
Appears in 1 contract
Samples: Loan Financing and Servicing Agreement (Business Development Corp of America)
Investment Company Status. It The Company is not an “investment company” as such term is defined in the 1940 ActInvestment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Exchange Agreement (GCL Silicon Technology Holdings Inc.)
