Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 103 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Term Credit Agreement (Park Place Entertainment Corp), Term Credit Agreement (Hilton Hotels Corp)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 37 contracts
Samples: Credit Agreement (Johnson Controls International PLC), Credit Agreement (Caesars Entertainment Inc), Assignment and Assumption (Limited Brands Inc)
Not an Investment Company. The Such Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 36 contracts
Samples: Assignment and Assumption (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp)
Not an Investment Company. The Neither the Borrower nor any of its Subsidiaries is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Credit Agreement (Atlantic American Corp), Credit Agreement (Consolidated Papers Inc), Credit Agreement (Atlantic American Corp)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or controlled by such a company.
Appears in 14 contracts
Samples: Credit Agreement (Scana Corp), Credit Agreement (Scana Corp), Credit Agreement (Scana Corp)
Not an Investment Company. The Neither the Company nor the Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Usw-C Inc), Credit Agreement (Us West Inc), Credit Agreement (Us West Inc)
Not an Investment Company. The No Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc), Credit Agreement (Source Information Management Co)
Not an Investment Company. The Borrower is not an "investment companyINVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Litton Industries Inc), Assignment and Assumption Agreement (Litton Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Not an Investment Company. The Neither the Borrower nor any of its Material Subsidiaries is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Term Loan Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc), Term Loan Agreement (Healthcare Realty Trust Inc)
Not an Investment Company. The Borrower 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 Act.
Appears in 5 contracts
Samples: Funding Loan Agreement (Walter Industries Inc /New/), Loan Agreement (Walter Industries Inc /New/), Security and Funding Agreement (Americredit Corp)
Not an Investment Company. The Borrower is not an "investment company" or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (K N Energy Inc), Assignment and Assumption Agreement (K N Energy Inc), Credit Agreement (K N Energy Inc)
Not an Investment Company. The Neither the Borrower nor any of its Subsidiaries is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Outback Steakhouse Inc), Credit Agreement (Atlantic American Corp), Credit Agreement (Outback Steakhouse Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 4 contracts
Samples: Credit and Security Agreement (Packaging Corp of America), Credit and Security Agreement (Packaging Corp of America), Credit Agreement (YRC Worldwide Inc.)
Not an Investment Company. The Borrower 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 Act.
Appears in 3 contracts
Samples: Funding Loan Agreement (Walter Industries Inc /New/), Variable Funding Loan Agreement (Walter Industries Inc /New/), Variable Funding Loan Agreement (Walter Industries Inc /New/)
Not an Investment Company. The Neither the Borrower nor any of its Material Subsidiaries is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc)
Not an Investment Company. (a) The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or any successor statute.
Appears in 3 contracts
Samples: Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp)
Not an Investment Company. The No Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Mbia Inc), Credit Agreement (Praxair Inc), Credit Agreement (Mbia Inc)
Not an Investment Company. The Borrower is not an -------------------------- "investment company" ", nor is it controlled by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc)
Not an Investment Company. The Borrower None of the Company and the Borrowers is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (U S West Communications Inc), Credit Agreement (U S West Inc /De/), Credit Agreement (Qwest Communications International Inc)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Komag Inc /De/), Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/)
Not an Investment Company. The Borrower is not an "investment companyInvestment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Armstrong World Industries Inc), Conformed Copy (Armstrong World Industries Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or any successor statute.
Appears in 2 contracts
Samples: Credit and Security Agreement (Zep Inc.), Credit and Security Agreement (Acuity Brands Inc)
Not an Investment Company. The Borrower 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 Act.
Appears in 2 contracts
Samples: Security and Funding Agreement (Americredit Corp), Security and Funding Agreement (Americredit Corp)
Not an Investment Company. The Borrower is not an ------------------------- "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Not an Investment Company. The Borrower is not an -------------------------- "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Limited Inc), Credit Agreement (Limited Inc)
Not an Investment Company. The Borrower None of the Borrowers is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pentair Inc), Credit Agreement (Pentair Inc)
Not an Investment Company. The Neither Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Ingersoll Rand Co LTD), Agreement (Blyth Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” required to register as an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" required to register as an investment company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Chubb Corp)
Not an Investment Company. The Borrower is not an "“investment company" ” required to be registered or a company “controlled” by such “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Letter of Credit Agreement (Avalon Pharmaceuticals Inc)
Not an Investment Company. The Borrower is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended., or controlled by such a company. #PageNum# LEGAL02/33558006v8
Appears in 1 contract
Samples: Credit Agreement (Scana Corp)
Not an Investment Company. The Borrower is not an "investment company" or controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Section 4.11.
Appears in 1 contract
Samples: Conformed (K N Energy Inc)
Not an Investment Company. The No Borrower or Subsidiary thereof is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Inmac Corp)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Hooper Holmes Inc)
Not an Investment Company. The Borrower Neither of the Borrowers is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" ", nor is it controlled by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Brylane Inc)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended. SECTION 4.11.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Pentair Inc)
Not an Investment Company. The Borrower is not an "investment companyINVESTMENT COMPANY" or controlled by an "INVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Inc)
Not an Investment Company. The Borrower is not, and is not controlled by, an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (CNF Inc)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "“investment company" ”, nor is it controlled by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled by an investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Neither Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an "investment company" within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Allen Group Inc)
Not an Investment Company. The Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended from time to time, or any successor statute.
Appears in 1 contract
Samples: Credit and Security Agreement (Precision Castparts Corp)
Not an Investment Company. The Borrower is not an "“investment company" within the meaning of ” or an entity controlled by an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Junior Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Not an Investment Company. The Neither Borrower is not an "investment company" within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Allen Group Inc
Not an Investment Company. The Borrower None of the Borrowers is not an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Pentair Inc)
Not an Investment Company. The Such Borrower is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Not an Investment Company. The Borrower is not an ------------------------- "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Hooper Holmes Inc)
Not an Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Contran Corp)
Not an Investment Company. The Borrower is not an "investment company" or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Credit Agreement (Massey Energy Co)
