Common use of Status under Certain Laws Clause in Contracts

Status under Certain Laws. No Credit Party is an "investment company" or a "person directly or indirectly controlled by or acting on behalf of an investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", or 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. No Credit Party is subject to regulation as a "common carrier" or "contract carrier" or any similar classification by the Interstate Commerce Commission or under the laws of any state, or is subject to regulation under any other Statute which limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Easyriders Inc), Note and Warrant Purchase Agreement (Easyriders Inc)

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Status under Certain Laws. No Credit Party is an "investment company" or a "person directly or indirectly controlled by or acting on behalf of an investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", ," or 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. No Credit Party is subject to regulation as a "common carrier" or "contract carrier" or any similar classification by the Interstate Commerce Commission or under the laws of any state, or is subject to regulation under any other federal, state or local Statute which limits its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Hq Global Holdings Inc), Note and Warrant Purchase Agreement (Frontline Capital Group)

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Status under Certain Laws. No Credit Party is an "investment company" or a "person directly or indirectly controlled by or acting on behalf of an investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "holding company", ,” or 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. No Credit Party is subject to regulation as a "common carrier" or "contract carrier" or any similar classification by the Interstate Commerce Commission or under the laws of any state, or is subject to regulation under the Federal Power Act or any other Statute federal, state or local Requirement of Law which limits its ability to incur Indebtedness.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Volcano CORP)

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