Not a Regulated Entity. No Borrower is an "investment company" or a "person directly or indirectly controlled by or acting on behalf of an investment company" within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 6 contracts
Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)
Not a Regulated Entity. No Borrower is an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 4 contracts
Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)
Not a Regulated Entity. No Borrower is (a) an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 3 contracts
Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)
Not a Regulated Entity. No Borrower is (a) an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law applicable law regarding its authority to incur DebtIndebtedness.
Appears in 2 contracts
Samples: Protective Advance Loan and Security Agreement (Kior Inc), Loan and Security Agreement (Kior Inc)
Not a Regulated Entity. No Borrower is not (a) an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; (b) a “holding company,” a “subsidiary company” of a “holding company,” or an “affiliate” of either, within the meaning of the Public Utility Holding Company Act of 1935; or (bc) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Millennium Ethanol, LLC), Management Agreement (REX AMERICAN RESOURCES Corp)
Not a Regulated Entity. No Borrower is (i) an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (bii) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Standard Register Co), Post Petition Loan and Security Agreement (Enpro Industries, Inc)
Not a Regulated Entity. No Borrower is not an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Select Interior Concepts, Inc.), Loan and Security Agreement (Select Interior Concepts, Inc.)
Not a Regulated Entity. No Borrower is an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or nor (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law regarding its authority to incur Debt.
Appears in 1 contract
Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.)
Not a Regulated Entity. No Borrower is not an "“investment company" ” or a "“person directly or indirectly controlled by or acting on behalf of an investment company" ” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any public utilities code or any other Applicable Law applicable law regarding its authority to incur Debt.
Appears in 1 contract
Samples: Loan and Security Agreement (Select Interior Concepts, Inc.)
