Common use of Regulated Entities Clause in Contracts

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None Neither Borrower nor any of the Borrower, any Person controlling the Borrower, or any Subsidiary its Subsidiaries is (a) an “Investment Companyinvestment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940. The Borrower is not 1940 or (b) subject to regulation under any Federal other federal or state statute statute, rule or regulation limiting its ability to incur IndebtednessDebt, pledge its assets or perform its obligations under the Loan Documents.

Regulated Entities. None of Neither the Borrower, any Person controlling the Borrower, or nor any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Companies Act of 1940. The Borrower is not subject to any Federal other federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the any Borrower, any Person controlling the any Borrower, or any Subsidiary of any Borrower, is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The Borrower is not 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other federal or state statute statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the No Borrower, nor any Person controlling the Subsidiary of any Borrower, or any Subsidiary is an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940. The No Borrower or Subsidiary of any Borrower is not subject to any regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, or state statute or regulation limiting its ability to incur Indebtednessthe Interstate Commerce Act.

Regulated Entities. None of the Borrower or any Affiliate of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is or is required to be registered as an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other Federal, state or other statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Borrower, nor any Person controlling the Borrower, or any Subsidiary of its Subsidiaries, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to under any Federal or state statute or regulation to restrictions limiting its ability to incur Indebtednessthe Obligations.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Neither the Borrower nor any Subsidiary is not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the any Borrower, or any Subsidiary is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the any Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, Borrower or any Person controlling the Borrower, or any Subsidiary ------------------ Borrower is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under any Federal federal or state statute or regulation limiting its ability to incur IndebtednessDebt.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the BorrowerBorrowers, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the ------------------ Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Borrower, any Person controlling the Borrower, or nor any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.Companies 47793688_7

Regulated Entities. None of the such Borrower, any Person controlling the such Borrower, or any Subsidiary of such Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Such Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the ------------------ Borrower, or any Subsidiary (other than Signature Investment Advisors, Inc.) is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation (other than applicable insurance regulations) limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.of

Regulated Entities. None of the BorrowerBorrowers, any Person controlling ------------------ the BorrowerBorrowers, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of Neither the BorrowerBorrower nor any Subsidiary, nor any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Neither the Borrower nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling ------------------ the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Borrower Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the any Borrower, any Person controlling the any Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary of its Subsidiaries, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or state statute or regulation limiting its ability to incur IndebtednessLaw.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of ofNeither the Borrower, the other Debtors, any Person controlling the Borrower, or nor any Subsidiary of the Borrower, is (a) an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The Borrower is not 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other federal or state statute statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Regulated Entities. None of the any Borrower, any Person controlling the any Borrower, or any Subsidiary of any Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Subsidiary, any Person controlling the Borrower, Borrower or any Subsidiary Subsidiary, is an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The None of the Borrower, any Subsidiary or any Person controlling the Borrower or any Subsidiary, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Borrower, any Person controlling the Controlling such Borrower, or any Subsidiary thereof, is (a) an “Investment Company” "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940. The Borrower is not , as amended, or (b) a "holding company" as defined in, or subject to any Federal or state statute or regulation limiting its ability to incur Indebtednessunder, the Public Utility Holding Company Act of 1935, as amended.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.. 8.24

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.Company

Regulated Entities. None of the BorrowerBorrowers, any Person ------------------ controlling the BorrowerBorrowers, or any Subsidiary subsidiary of the Borrowers, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness or grant liens or encumbrances to or against any of their properties.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not , or subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, any Federal state public utilities code, or any other federal or state statute or regulation limiting its ability to incur or guarantee Indebtedness.

Regulated Entities. None of Neither the BorrowerBorrower nor any Subsidiary, nor any Person controlling the Borrower, Borrower or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Neither the Borrower nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Subsidiary, any Person controlling the Borrower, Borrower or any Subsidiary Subsidiary, is an “Investment Company” "investment company" within the meaning of the Investment Company Act of 1940. The None of the Borrower, any Subsidiary or any Person controlling the Borrower or any Subsidiary, is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling ----------------------- the Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the ------------------ Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary of the Borrower, is an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “Investment CompanyBorrower” within the meaning of the Investment Company Borrower Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Borrower Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or state statute or regulation any other Applicable Law limiting its the ability to incur Indebtedness.

Regulated Entities. None of the any Borrower, any Person controlling the any Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Each Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of Neither the Borrower, nor the Parent Guarantor or any other Person controlling the Borrower, or nor any Subsidiary Subsidiary, if any, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower None of the Borrower, any of its Subsidiaries, if any, or the Parent Guarantor is not subject to restrictions under any Federal or state State statute or regulation limiting its ability to incur Indebtednessthe Obligations.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling ------------------ the BorrowerBorrowers, or any Subsidiary of the Borrowers, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the any Borrower, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is Borrowers are not subject to regulation under the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary Subsidiary, is an “Investment CompanyBorrower” within the meaning of the Investment Company Borrower Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Borrower Act of 1935, the Federal Power Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness. SECTION 4.14.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the BorrowerBorrowers, or any Subsidiary Affiliate of the Borrowers, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not None of the Borrowers are subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the a Borrower, or any Subsidiary Subsidiary, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Borrower, any Person controlling the Borrower, or nor any Subsidiary is an “Investment Company” within the meaning of the Investment Company Companies Act of 1940. The Borrower is not subject to any Federal other federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowerBorrowers, any Person controlling the thea Borrower, or ornor any Subsidiary is an “Investment Company” within the meaning of the Investment Company Act of 1940. The XxxXx Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of Neither the Borrower, any Person controlling the Borrower, or any Subsidiary of the Borrower is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.indebtedness;

Regulated Entities. None of the BorrowerNeither any Borrower nor any Subsidiary, nor any Person controlling the Borrower, any Borrower or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to any Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the BorrowerBorrowers, any Person controlling the either Borrower, or any Subsidiary of either Borrower is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower Neither of the Borrowers is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.indebtedness;

Regulated Entities. None of the BorrowerBorrowers, any Person controlling any of the BorrowerBorrowers, or any Subsidiary Subsidiary, is an “Investment Company” within the meaning of the Investment Company Act of 1940. The No Borrower nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code or law, or any other federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary of the Borrower, is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The None of the Borrower or any of its Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the such Borrower, any of its Subsidiaries or any Person controlling the Borrower, or any Subsidiary such Borrower is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The None of such Borrower nor any of its Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary is an “"Investment Company” " within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Federal Power Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Regulated Entities. None of the Borrower, any Person controlling the Borrower, or any Subsidiary of the Borrower or Per-Se, is an “Investment Companyinvestment company” within the meaning of the Investment Company Act of 1940. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any Federal state public utilities code, or any other federal, state or other statute or regulation limiting its ability to incur Indebtedness.