Statutory Regulation. The Borrower is not an investment company within the meaning of the Investment Borrower Act of 1940, as amended, and to the Borrower's knowledge, is not, directly or indirectly, controlled by or acting on behalf of any person which is an investment company, within the meaning of said Act. The Borrower is not subject to any Governmental Requirement regulating public utilities or similar entities, and is not, within the meaning of the Public Utility Holding Borrower Act of 1935, as amended, (a) a holding company; (b) a subsidiary or affiliate of a holding company; or (c) a public utility. The Borrower is not subject to regulation under the Federal Power Act or to any other Governmental Requirement limiting or placing conditions upon their respective power or right to borrow money.
Appears in 2 contracts
Sources: Credit Agreement (S3 Inc), Credit Agreement (Sensory Science Corp)