Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 96 contracts
Samples: Note Purchase and Private Shelf Agreement (Cubic Corp /De/), Layne Christensen Company (Layne Christensen Co), Guaranty Agreement (Tiffany & Co)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 56 contracts
Samples: Secured Note Purchase Agreement (Marver James D), Guaranty Agreement (Precision Castparts Corp), Secured Note Purchase Agreement (Euniverse Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 49 contracts
Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Guaranty Agreement (Gallagher Arthur J & Co), Note Purchase Agreement (Sensient Technologies Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 30 contracts
Samples: Guarantee Agreement (Spartech Corp), Note Purchase Agreement (Meredith Corp), Note Purchase Agreement
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 28 contracts
Samples: Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Note Purchase Agreement (Littelfuse Inc /De)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject an “investment company” registered or required to regulation be registered under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 18 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Miller Herman Inc), Dentsply International (Dentsply International Inc /De/)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 17 contracts
Samples: Stepan Company Note Purchase Agreement (Stepan Co), Note Purchase Agreement (Stepan Co), Stepan Company Note Purchase Agreement (Stepan Co)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Transportation Acts (49 U.S.C.), as amended, or the Federal Power Act, as amended.
Appears in 14 contracts
Samples: Note Purchase Agreement (Seitel Inc), Note Purchase Agreement (Sunrise Medical Inc), Note Purchase Agreement (Deltic Timber Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or subject to rate regulation under the Federal Power Act, as amended.
Appears in 11 contracts
Samples: Bond Purchase Agreement (Aqua America Inc), Bond Purchase Agreement (Aqua America Inc), Purchase agreement (Aqua America Inc)
Status under Certain Statutes. Neither the Company No Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 10 contracts
Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (John Bean Technologies CORP), Letter of Credit Agreement (UTi WORLDWIDE INC)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 9 contracts
Samples: Note Purchase Agreement (Laclede Group Inc), Purchase Agreement (Laclede Group Inc), Purchase Agreement (Laclede Gas Co)
Status under Certain Statutes. Neither the Company any Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 9 contracts
Samples: Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 8 contracts
Samples: Note Purchase Agreement (Donaldson Co Inc), Pledge Agreement (Lincare Holdings Inc), Note Purchase Agreement (Elkcorp)
Status under Certain Statutes. Neither the Company Company, the Trust nor any Subsidiary of their respective Subsidiaries is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 8 contracts
Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (Ramco Gershenson Properties Trust), Note Purchase Agreement (RPT Realty)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 7 contracts
Samples: Guaranty Agreement (Ugi Utilities Inc), Bond Purchase Agreement (Northwestern Corp), Guaranty Agreement (Ugi Utilities Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under governed by the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended.
Appears in 6 contracts
Samples: Execution (Unitil Corp), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 6 contracts
Samples: Note Purchase Agreement (Nu Skin Enterprises Inc), Note Purchase Agreement (Aecom Technology Corp), Note Purchase Agreement (Johns Manville Corp /New/)
Status under Certain Statutes. Neither the Company nor any Subsidiary of its Subsidiaries is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Energizer Holdings Inc), Note Purchase Agreement (Energizer Holdings Inc), Note Purchase Agreement (Belden Inc)
Status under Certain Statutes. Neither the Company No Obligors nor any Significant Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Colliers International Group Inc.), Note Purchase Agreement (Colliers International Group Inc.), 2018 Note Agreement (Colliers International Group Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Master Note Purchase Agreement (Ultra Petroleum Corp), Master Note Purchase Agreement (Polaris Industries Inc/Mn), Note Purchase Agreement (Alliance Data Systems Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (Park National Corp /Oh/), ServisFirst Bancshares, Inc.
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Master Note Purchase Agreement (Crescent Capital BDC, Inc.), Note Purchase Agreement (CION Investment Corp), Purchase Agreement (CION Investment Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 19951935, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Environmental Power Corp), Note Purchase Agreement (West Pharmaceutical Services Inc), Note Agreement (Discovery Communications, Inc.)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Note Purchase Agreement (Worthington Industries Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation as an investment company under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 5 contracts
Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended, or, except as set forth in Schedule 5.17, either the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, amended or the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Teledyne Technologies Inc), Agreement (Teledyne Technologies Inc), Agreement (Teledyne Technologies Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Subsidiary Guarantee Agreement (Waters Corp /De/), Subsidiary Guarantee Agreement (Waters Corp /De/), Waters Corp /De/
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject required to regulation be registered under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Hub International (Hub International LTD), Note Purchase Agreement (Odyssey Re Holdings Corp), Guaranty Agreement (Hub International LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amendedthe ICC Termination Act of 1995, or Section 204 of the Federal Power Act, nor is the Company or any Subsidiary a holding company for the purposes of the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Texas New Mexico Power Co), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico)
Status under Certain Statutes. Neither the Company any Obligor nor any other Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Patterson Companies (Patterson Companies, Inc.), Patterson Companies (Patterson Companies, Inc.), Patterson Companies (Patterson Companies, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, amended or the Federal Power Act, as amended.
Appears in 4 contracts
Samples: Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or nor is the Company subject to regulation under the Federal Power Act, as amended, with respect to the execution, delivery or performance of this Agreement or the Notes or the issuance of other securities.
Appears in 4 contracts
Samples: Uil Holdings Corp, Uil Holdings Corp, Uil Holdings Corp
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or and the Federal Power Act, as amended, and is not in violation of or in default under any regulations and orders of the Federal Energy Regulatory Commission applicable to the Company or its assets the effect of which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp), Otter Tail Corp
Status under Certain Statutes. Neither the Company Corporation nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Chancery Lane/GSC Investors Lp), Debenture Purchase Agreement (Moore Corporation LTD), Debenture Purchase Agreement (Moore Corporation LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Company Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (First Investors Financial Services Group Inc), Bond Purchase Agreement (Biw LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Transportation Acts, as amended, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Note Purchase Agreement (Ryans Family Steakhouses Inc), Note Purchase Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995or, except as amendeddisclosed in Schedule 5.17, or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Defined Terms (WhiteHorse Finance, Inc.), WhiteHorse Finance, Inc., WhiteHorse Finance, Inc.
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, nor is the Company or any Subsidiary subject to rate regulation under the Federal Power Act, as amended.
Appears in 3 contracts
Samples: Series 2009c Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.), Note Purchase Agreement (South Jersey Gas Co/New), 2014 Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the United States Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the United States ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.
Appears in 3 contracts
Samples: Yamana Gold (Yamana Gold Inc), Guarantee Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)
Status under Certain Statutes. Neither the Company Obligor nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. Section 5.20.
Appears in 2 contracts
Samples: Joinder Agreement (Physicians Realty Trust), Physicians Realty Trust
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended or the ICC Termination Act of 1995, as amended, . The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or and the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Guaranty Agreement (Westar Energy Inc /Ks), Note Purchase Agreement (Great Plains Energy Inc)
Status under Certain Statutes. (a) Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended or the ICC Termination Act of 1995, as amended. The Company and/or one or more of its Subsidiaries is subject to regulation under the Federal Power Act, as amended, the Public Utility Holding Company Act of 2005, as amended, and/or the ICC Termination Energy Policy Act of 1995, as amended, or the Federal Power Act2005, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the any Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: KMG Chemicals (KMG Chemicals Inc), Primo Water Corp
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or (b) in violation of the USA Patriot Act.
Appears in 2 contracts
Samples: Note Purchase Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Tetra Technologies Inc), Note Purhase Agreement (Tetra Technologies Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended. The Company is not subject to registration as a “holding company,” a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company,” as such terms are defined in the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amendedotherwise subject to regulation thereunder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Mge Energy Inc), Mge Energy Inc
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995 as amended. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Energy Policy Act of 19952005, as amended, or and the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005Interstate Commerce Act, as amended, amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Watts Water Technologies Inc), Note Purchase Agreement (Watts Water Technologies Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary nor any Non-Recourse Pledgor is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Status under Certain Statutes. (a) Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Lease Agreement (InfraREIT, Inc.), Lease Agreement (InfraREIT, Inc.)
Status under Certain Statutes. Neither Xxxxxx REIT, the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Accession Agreement (Hudson Pacific Properties, L.P.), Note Purchase Agreement (Hudson Pacific Properties, L.P.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Snyder's-Lance, Inc.), Note Purchase Agreement (Invacare Corp)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, except for Marina Energy, LLC, a Subsidiary of the Company, which is subject to the Federal Power Act and maintains market‑based rate authority thereunder.
Appears in 2 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)
Status under Certain Statutes. Neither None of the Company nor Company, any Subsidiary Guarantor, any Issuer Subsidiary or any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Private Shelf Agreement (Nu Skin Enterprises Inc), Nu Skin Enterprises Inc
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or except to the limited extent described on Schedule 5.17, the Federal Power Act, as amended.
Appears in 2 contracts
Samples: Private Shelf Agreement (Wausau Paper Corp.), Note Agreement (Wausau Paper Corp.)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, all as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act. MSC Industrial Direct Co., as amended.Inc. Note Purchase Agreement
Appears in 1 contract
Samples: Note Purchase Agreement (MSC Industrial Direct Co Inc)
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. Section 5.18.
Appears in 1 contract
Samples: Note Purchase Agreement (Sonic Corp)
Status under Certain Statutes. (a) Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or (b) in violation of any of the laws and regulations referred to in Section 5.16.
Appears in 1 contract
Samples: Guaranty Agreement (Smucker J M Co)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.. 5.18
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, except for Section 9(a)(2) thereof, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. .
Appears in 1 contract
Samples: Pg Energy Inc
Status under Certain Statutes. Neither the Company nor any Subsidiary Subsidiary, including any Co-Obligor, is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Chicago Bridge & Iron Co N V)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (American Capital Strategies LTD)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, nor is the Company a “commodity pool” as that term is defined under the Commodity Exchange Act. Section 5.18.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, or the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. -10- Madison Gas and Electric Company Section 6. Representations of The Purchasers.
Appears in 1 contract
Samples: Credit Agreement (Mge Energy Inc)
Status under Certain Statutes. Neither the Constituent Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Execution Version (Education Realty Operating Partnership L P)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. Xxxxx Industries, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or the ICC Termination Act of 1995, as amended, or, except as set forth in Schedule 5.17, either the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Hawaiian Electric Industries Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended. Granite State Gas Transmission, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, amended (except in its capacity as amendedan investment advisor to companies which are so regulated), the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the Interstate Commerce Act, as amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended. 6.
Appears in 1 contract
Samples: Subsidiaries and Ownership of Subsidiary (Ace Hardware Corp)
Status under Certain Statutes. Neither the Company ----------------------------- nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither Except as disclosed on Schedule 5.17, neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Note Purchase Agreement (Brinks Co)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 19401940 of the United States of America, as amended, the Public Utility Holding Company Act of 20052005 of the United States of America, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power ActAct of the United States of America, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither of the Company Obligors nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: United America Indemnity, LTD
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, or is subject to regulation under the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Restricted Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005Interstate Commerce Act, as amended, amended by the ICC Termination Act of 1995Act, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amendedamended or (b) in violation of the USA Patriot Act.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or subject to rate regulation under the Federal Power Act, as amended.. AQUA OHIO, INC. Bond Purchase Agreement
Appears in 1 contract
Samples: Essential Utilities, Inc.
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended. SECTION 6.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is (a) subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 19951935, as amended, or the Federal Power Act, as amendedamended or (b) in violation of the USA Patriot Act.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended, or the USA Patriot Act.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, 1995 or the Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Consolidated Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.
Appears in 1 contract
Samples: Allied Capital Corp
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the United States Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the United States Federal Power Act, as amended.
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 20051935, as amended, the ICC Termination Act of 1995Interstate Commerce Act, as amended, or the Federal Power Act, as amended.. -11-
Appears in 1 contract
Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. EQUITY ONE, INC. NOTE PURCHASE AGREEMENT
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. DB1/ 133878806.7
Appears in 1 contract
Samples: Note Purchase Agreement (CHS Inc)
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.. The Company is subject to regulation under the Public Utility Holding Company Act of 2005, as amended, and the Energy Policy Act of 2005, as amended. Northern Utilities, Inc. Note Purchase Agreement
Appears in 1 contract
Status under Certain Statutes. Neither the Company nor any Subsidiary is subject to regulation under the Investment Company Act of 1940, as amended, the Public Utility Holding Company Act of 2005, as amended, the ICC Termination Act of 1995, as amended, or the Federal Power Act, as amended.:
Appears in 1 contract
