Regulated Entity. Neither such Guarantor nor any Person controlling such Guarantor is: (a) an “investment company” within the meaning of the Investment Company Act of 1940; or (b) subject to regulation by any federal or state statute or regulation limiting such Guarantor’s ability to incur such Guarantor’s obligations hereunder.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp)
Regulated Entity. Neither such Guarantor nor any Person controlling such Guarantor is: (a) an “"investment company” " within the meaning of the Investment Company Act of 1940; or (b) subject to regulation by any federal or state statute or regulation limiting such Guarantor’s 's ability to incur such Guarantor’s 's obligations hereunder.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Continuing Guaranty Agreement (Granite Construction Inc)
Regulated Entity. Neither such any Guarantor nor any Person controlling such any Guarantor is: is (ai) an “"investment company” " within the meaning of the Investment Company Act of 1940; or (bii) subject to regulation by under any federal or state statute or regulation limiting such any Guarantor’s 's ability to incur such Guarantor’s its obligations hereunder.
Appears in 1 contract
