Common use of PUHCA Clause in Contracts

PUHCA. Borrower is not a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of either a "holding company" or a "subsidiary company", all as defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 5 contracts

Sources: Loan Agreement (KSL Recreation Group Inc), Loan Agreement (Silverleaf Resorts Inc), Loan Agreement (Tower Realty Trust Inc)

PUHCA. The Borrower is not a "holding company" or a "subsidiary holding company" of a "holding company" or an "affiliate" ” within the meaning of either a "holding company" or a "subsidiary company", all as defined in the Public Utility Holding Company Act of 1935, as amended, or any successor statute.

Appears in 4 contracts

Sources: Secured Loan and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

PUHCA. Borrower is not a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of either a "holding company" or a "subsidiary company", all " as defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 3 contracts

Sources: Loan Agreement (First Potomac Realty Trust), Loan Agreement (Golf Ventures Inc), Loan Agreement (Golf Ventures Inc)

PUHCA. Borrower is not a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of either a "holding company" or a "subsidiary company", all as defined in the Public Utility Holding Company Act of 1935, as amended.

Appears in 2 contracts

Sources: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)