Common use of Regulated Industries Clause in Contracts

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its -------------------- Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the No Borrower nor any of its Subsidiaries is (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ,” or an “affiliate” of a “holding company” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Regulated Industries. Neither the Borrower nor any of its Material Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "company" controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the The Borrower nor any of its Subsidiaries is not (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 19352005, as amended.

Regulated Industries. Neither the The Borrower nor any of its Subsidiaries is not (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended, or (iii) subject to regulation under the Federal Power Act.

Regulated Industries. Neither the Borrower Borrower, the Guarantors nor any of its the Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," , ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company,, " or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its their Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment Execution advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower Applicant nor any of its Subsidiaries is (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "“investment company," a company,”a company "controlled" by “controlled”by an "“investment company," or company,”or an "“investment advisor," within advisor,”within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," company,”a “subsidiary company”of a "subsidiary company" “holding company,”or an “affiliate”of a “holding company”or of a "“subsidiary company”of a “holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within company,”within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries Subsidiary is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the No Borrower nor or any of its their respective Subsidiaries is (i) an "“investment company," ” a company "“controlled" ” by an "“investment company," ” or an "“investment advisor," ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," ” a "“subsidiary company" ” of a "“holding company," ” or an "“affiliate" ” of a "“holding company" ” or of a "“subsidiary company" ” of a "“holding company," ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," or a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower Applicant nor any of its Subsidiaries is (i) an "“investment company," a company,”a company "controlled" by “controlled”by an "“investment company," or company,”or an "“investment advisor," within advisor,”within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“holding company," company,”a “subsidiary company”of a "subsidiary company" “holding company,”or an “affiliate”of a “holding company”or of a "“subsidiary company”of a “holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within company,”within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company," or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Regulated Industries. Neither the Borrower nor any of its Subsidiaries is (i) an "investment company," a company "controlled" by an "investment company,, " or an "investment advisor," within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "holding company," a "subsidiary company" of a "holding company," or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.