Common use of Governmental Regulation Clause in Contracts

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired.

Appears in 30 contracts

Sources: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Governmental Regulation. Borrower is and its Subsidiaries are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal Applicable Law or state statute Governmental Authorization that restricts or regulation such that its limits their ability to incur indebtedness is limited Indebtedness or its ability to consummate perform or satisfy the transactions contemplated by the Loan Documents is materially impairedObligations.

Appears in 15 contracts

Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 1940, each as amended, or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness for money borrowed. No Subsidiary of the Borrower is limited subject to any regulation that would limit the ability of the Borrower to enter into or perform its ability to consummate the transactions contemplated by the Loan Documents is materially impairedobligations under this Agreement.

Appears in 13 contracts

Sources: Revolving Credit Agreement (Hormel Foods Corp /De/), Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that Law limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impairedhereby.

Appears in 12 contracts

Sources: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust), Loan Agreement (Newmarket Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 11 contracts

Sources: Credit Agreement (Landsea Homes Corp), Construction Loan Agreement, Revolving Line of Credit Loan Agreement

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. The Borrower is limited not a “registered investment company” or its ability to consummate a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 8 contracts

Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Governmental Regulation. Borrower is The Borrower, its Subsidiaries and any of the Guarantors are not, or after giving effect to any loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, ICC Termination Act of 1995 or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 8 contracts

Sources: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Hill International, Inc.), Loan and Security Agreement (Argyle Security, Inc.)

Governmental Regulation. Borrower is not, or after giving effect to any Loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935regulation, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 7 contracts

Sources: Senior Secured Revolving Credit Facility Agreement, Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.), Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that its which may limit their ability to incur the indebtedness is limited contemplated hereunder or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 7 contracts

Sources: Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement and Collateral Account Control Agreement (Liberty Broadband Corp)

Governmental Regulation. Borrower is not, or after giving effect to any Loan, will not be, subject to regulation under the Public Utility Holding Company Borrower Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 7 contracts

Sources: Senior Secured Revolving Credit Facility Agreement (Cd International Enterprises, Inc.), Senior Secured Revolving Credit Facility Agreement (Encore Brands, Inc.), Senior Secured Revolving Credit Facility Agreement (Green Innovations Ltd.)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness for borrowed money.

Appears in 6 contracts

Sources: Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp)

Governmental Regulation. The Borrower is not, or after giving effect to any loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, ICC Termination Act of 1995 or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 5 contracts

Sources: Loan and Security Agreement (FC Global Realty Inc), Loan and Security Agreement (FC Global Realty Inc), Letter of Credit Application, Reimbursement and Security Agreement (Millennium Ethanol, LLC)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness is limited Indebtedness or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 5 contracts

Sources: Credit Agreement (Apollo Real Estate Investment Fund Ii L P), Master Richmond Station Group Agreement (SFX Broadcasting Inc), Convertible Note Agreement (SFX Broadcasting Inc)

Governmental Regulation. The Borrower is and its Subsidiaries are not, or after giving effect to any loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 4 contracts

Sources: Loan Agreement (Hutchinson Technology Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

Governmental Regulation. The Borrower is not, or after giving effect to any loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 4 contracts

Sources: Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Medirect Latino Inc), Loan and Security Agreement (Huron Consulting Group Inc.)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness for money borrowed.

Appears in 4 contracts

Sources: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)

Governmental Regulation. No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired.

Appears in 4 contracts

Sources: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Governmental Regulation. Neither such Borrower nor any of its Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, the Investment Company Federal Power Act of 1940 or any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impairedhereby.

Appears in 4 contracts

Sources: Credit Agreement (Transact Technologies Inc), Credit Agreement (Tridex Corp), Credit Agreement (Transact Technologies Inc)

Governmental Regulation. (a) The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1935 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions Indebtedness for money borrowed as contemplated by this Agreement or by the Loan Documents Notes. (b) The Borrower is materially impairednot an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Sources: Credit Agreement (McGraw-Hill Companies Inc), Credit Agreement (McGraw-Hill Companies Inc), 364 Day Credit Agreement (McGraw-Hill Companies Inc)

Governmental Regulation. No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 4 contracts

Sources: Loan and Security Agreement (Digital Realty Trust, Inc.), Loan and Security Agreement (Sun Healthcare Group Inc), Loan and Security Agreement (Sun Healthcare Group Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal Law which regulates the incurring by Borrower of indebtedness, including but not limited to Laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 3 contracts

Sources: Business Loan and Security Agreement (Iron Bridge Mortgage Fund, LLC), Business Loan and Security Agreement (Terra Property Trust, Inc.), Business Loan and Security Agreement (Terra Secured Income Fund 5, LLC)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness for borrowed money.

Appears in 3 contracts

Sources: Loan Agreement (Ansoft Corp), Loan Agreement (Tuscarora Inc), Loan Agreement (Matthews International Corp)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, ICC Termination Act of 1995 or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 3 contracts

Sources: Loan and Security Agreement (CHS Inc), Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (US BioEnergy CORP)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that which may limit its ability to incur the indebtedness is limited contemplated hereunder or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 3 contracts

Sources: Margin Loan Agreement and Collateral Account Control Agreement (Gci, LLC), Margin Loan Agreement (Gci Liberty, Inc.), Margin Loan Agreement (Gci Liberty, Inc.)

Governmental Regulation. Borrower is The Borrowers and their Subsidiaries are not, or after giving effect to any loan, will not be, subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, ICC Termination Act of 1995 or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 2 contracts

Sources: Loan and Security Agreement (Amrep Corp), Loan and Security Agreement (Lifeway Foods Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 2 contracts

Sources: Borrowing Base Revolving Line of Credit Agreement (Industrial Income Trust Inc.), Revolving Line of Credit Loan Agreement (William Lyon Homes)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that its Borrower’s ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement (BrightSource Energy Inc)

Governmental Regulation. Borrower is The Borrower, its Subsidiaries and its Affiliates are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation Law such that the Borrower's, its Subsidiaries' and/or its Affiliates' ability to incur indebtedness is limited or its their ability to consummate the transactions contemplated by the Loan Documents hereby is materially impaired.

Appears in 2 contracts

Sources: Revolving Line of Credit Loan Agreement (Diagnostic Retrieval Systems Inc), Equipment Line of Credit/Term Loan Agreement (Diagnostic Retrieval Systems Inc)

Governmental Regulation. Neither such Borrower nor any of its respective Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents hereby is materially impaired.

Appears in 2 contracts

Sources: Loan Agreement (Kmart Corp), Loan Agreement (Kmart Corp)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 1940, each as amended, or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor money borrowed.

Appears in 2 contracts

Sources: Term Loan Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

Governmental Regulation. Borrower is The Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness for borrowed money.

Appears in 2 contracts

Sources: Loan Agreement (Baker Michael Corp), Loan Agreement (Baker Michael Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the and Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 2 contracts

Sources: Loan and Security Agreement (Raintree Healthcare Corp), Loan and Security Agreement (Raintree Healthcare Corp)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 2 contracts

Sources: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 1940, each as amended, or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness for money borrowed. No Subsidiary is limited subject to any regulation that would limit the ability of Borrower to enter into or perform its ability to consummate the transactions contemplated by the Loan Documents is materially impairedobligations under this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp)

Governmental Regulation. Borrower is The Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 2 contracts

Sources: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 1940, each as amended, or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness for money borrowed. No Subsidiary of the Borrower is limited subject to any regulation that would limit the ability of the Borrower to enter into or perform its ability to consummate the transactions contemplated by the Loan Documents is materially impairedobligations under this Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal Law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 2 contracts

Sources: Business Loan Agreement (Redwood Mortgage Investors IX), Business Loan Agreement (Redwood Mortgage Investors Viii)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of Indebtedness, including, but not limited to, laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 2 contracts

Sources: Borrowing Base Revolving Line of Credit Agreement (William Lyon Homes), Borrowing Base Revolving Line of Credit Agreement (William Lyon Homes)

Governmental Regulation. The Borrower is not is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedthis Agreement.

Appears in 2 contracts

Sources: Revolving and Term Credit Agreement (General Growth Properties Inc), Term Credit Agreement (General Growth Properties Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Borrower is limited not a “registered investment company” or its ability to consummate a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 2 contracts

Sources: Credit Agreement (Alaska Air Group Inc), Credit Agreement (Alaska Air Group Inc)

Governmental Regulation. Borrower is The Borrowers are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, power Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Lodgian Inc)

Governmental Regulation. Borrower is not subject to regulation under ------------------------ the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal Law limiting or state statute or regulation such that regulating its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness for money borrowed.

Appears in 1 contract

Sources: Debtor in Possession Loan Agreement (Forstmann & Co Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that Law limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impairedhereby. 5.

Appears in 1 contract

Sources: Term Loan Agreement (Mendik Real Estate Limited Partnership)

Governmental Regulation. Borrower is not subject to ----------------------- regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 1 contract

Sources: Loan and Security Agreement (Creditrust Corp)

Governmental Regulation. Borrower is not subject to regulation any Law limiting their ability to incur their obligations under any of the Financing Documents to which they are a party, including the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, or the Investment Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedFederal Power Act.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hi Tech Pharmacal Co Inc)

Governmental Regulation. The Borrower is not ----------------------- subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation Law such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents hereby is materially impaired. Furthermore, the Borrower is not as of the date hereof subject to rate regulation pursuant to any Law.

Appears in 1 contract

Sources: Credit Agreement (Audio Communications Network Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness is limited Indebtedness or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 1 contract

Sources: Credit Agreement (Atlas Air Worldwide Holdings Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or to any other federal or state statute or regulation such that applicable Law limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 1 contract

Sources: Loan and Security Agreement (Nexaira Wireless Inc.)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Borrower nor Parent is limited or its ability required to consummate register as an investment company under the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Credit Agreement (Healing Co Inc.)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 1 contract

Sources: Loan Agreement (Equity Inns Inc)

Governmental Regulation. Borrower None of the Borrowers and their respective Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, the Investment Company Federal Power Act of 1940 or any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impaired.hereby. 47 42

Appears in 1 contract

Sources: Credit Agreement (Cannondale Corp /)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by in the Loan Documents is materially impairedTransaction Documents.

Appears in 1 contract

Sources: Credit Agreement (Foamex Capital Corp)

Governmental Regulation. Borrower is not subject to ----------------------- regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation such that Law limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impairedhereby.

Appears in 1 contract

Sources: Building Loan Agreement (Federal Realty Investment Trust)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. No Credit Party is limited a “registered investment company” or its ability to consummate a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Credit Agreement (MMA Capital Holdings, Inc.)

Governmental Regulation. Borrower Neither the Borrower, nor any Parent is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other foreign, federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated hereby or by the Loan Documents is materially impairedRecoil Acquisition Agreements.

Appears in 1 contract

Sources: Term Loan Agreement (Kaynar Holdings Inc)

Governmental Regulation. The Borrower is not subject ----------------------- to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated hereby or by the Loan Documents is materially impairedDocuments.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (American Eco Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation regulation, such that its ability to incur indebtedness is limited limited, or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired.

Appears in 1 contract

Sources: Credit Agreement (Paragon Group Inc)

Governmental Regulation. No Borrower is not subject limited in its ability to incur Indebtedness or its ability to consummate the transactions contemplated by the Loan Documents by reason of regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such regulation. No Borrower is an entity that its ability is required to incur indebtedness is limited or its ability to consummate be registered as an investment company under the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement (Nutramax Products Inc /De/)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal law which regulates the incurring by Borrower of indebtedness, including, but not limited to, laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 1 contract

Sources: Borrowing Base Revolving Line of Credit Agreement (William Lyon Homes)

Governmental Regulation. Borrower is The Borrowers are not subject to regulation any Law limiting their ability to incur their obligations under any of the Loan Documents to which they are a party, including the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, or the Investment Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedFederal Power Act.

Appears in 1 contract

Sources: Credit Agreement (Orbit International Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, the Investment Company Federal Power Act of 1940 or any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate obtain the transactions contemplated by the Loan Documents is materially impairedLoans in accordance with this Agreement.

Appears in 1 contract

Sources: Credit Agreement (JLM Industries Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the such Acts have been amended), or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate law (other than Regulation X, 12 CFR 224) which regulates the transactions contemplated incurring by the Loan Documents is materially impairedBorrower of Indebtedness, including but not limited to laws relating to common contract carriers or the sale of electricity, gas, steam, water, or other public utility services.

Appears in 1 contract

Sources: Credit Agreement (Metro Information Services Inc)

Governmental Regulation. None of the Borrower or the Company is not ----------------------- subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions as contemplated by the Loan Documents is materially impairedthis Agreement.

Appears in 1 contract

Sources: Credit Agreement (Reckson Associates Realty Corp)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that may limit its ability to incur indebtedness is limited Indebtedness or its ability to consummate that may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 1 contract

Sources: Credit Agreement (Atlas Air Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, the Interstate Commerce Act (as any of the preceding have been amended), or any other federal Law which regulates the incurring by Borrower of indebtedness, including but not limited to laws relating to common or state statute contract carriers or regulation such that its ability to incur indebtedness is limited the sale of electricity, gas, steam, water, or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedother public utility services.

Appears in 1 contract

Sources: Loan Agreement (Mendocino Brewing Co Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness is limited Debt or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 1 contract

Sources: Loan Agreement (Decode Genetics Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired.Indebtedness for borrowed money. 270034751 270134563

Appears in 1 contract

Sources: Loan Agreement (Matthews International Corp)

Governmental Regulation. Borrower is and its Subsidiaries are not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness is limited Indebtedness or its ability to consummate which may otherwise render all or any portion of the transactions contemplated by the Loan Documents is materially impairedObligations unenforceable.

Appears in 1 contract

Sources: Credit Agreement (Newmarket Corp)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, or under any other federal or state statute or regulation such that regulation, which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. The Borrower is limited or its ability not required to consummate be registered as an investment company as such term is defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Revolving Credit Agreement (OppFi Inc.)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Investment Company Act of 1940, the Interstate Commerce Act, the Investment Company Act of 1940 any state public utilities code or any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedIndebtedness.

Appears in 1 contract

Sources: Credit Agreement (Chalone Wine Group LTD)

Governmental Regulation. Borrower is not subject to regulation any Law limiting its ability to incur its obligations under any of the Loan Documents to which it is a party, including the Public Utility Holding Company Act of 1935, the Federal Power ActInvestment Company Act of 1940, the Interstate Commerce Act, the Investment Federal Power Act or the Bank Holding Company Act of 1940 or any other federal or state statute or regulation such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impaired1956.

Appears in 1 contract

Sources: Loan Agreement (Winthrop Realty Trust)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that regulation, in each case, limiting its ability to incur indebtedness is limited or its ability to consummate the transactions for money borrowed as contemplated by the Loan Documents is materially impairedhereby.

Appears in 1 contract

Sources: Credit Agreement (Champps Entertainment Inc)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation such that which may limit its ability to incur indebtedness Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Borrower is limited not a “registered investment company” or its ability to consummate a “principal underwriter” of a “registered investment company” as such terms are defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Credit Agreement (Tiptree Financial Inc.)

Governmental Regulation. Borrower is not subject to regulation ----------------------- under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or to any other federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedfor borrowed money.

Appears in 1 contract

Sources: Loan and Security Agreement (Ventas Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, or the Investment Company Act of 1940 1940, or any other federal or state statute or regulation such that which limits its ability to incur indebtedness is limited or its ability to consummate the transactions as contemplated by the Loan Documents is materially impairedthis Agreement.

Appears in 1 contract

Sources: Credit Agreement (Reckson Services Industries Inc)

Governmental Regulation. Neither Borrower nor any of its Subsidiaries is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce ActAct (to the extent it would limit its ability to incur Debt for money borrowed), or the Investment Company Act of 1940 1940, or to any other United States federal or state statute or regulation such that limiting its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by the Loan Documents is materially impairedDebt for money borrowed.

Appears in 1 contract

Sources: Credit Agreement (Southdown Inc)

Governmental Regulation. Borrower is not subject to regulation under the Interstate Commerce Act, the Investment Company Act of 1940, the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation Requirements of Law such that its ability to incur indebtedness is limited or its ability to consummate the transactions contemplated by this Credit Agreement and the other Loan Documents or any document executed in connection therewith is materially impaired.

Appears in 1 contract

Sources: Revolving Credit Agreement (Barrett Resources Corp)

Governmental Regulation. Borrower is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may otherwise render all or any portion of the Obligations, or any other obligation under this Note, unenforceable. Borrower is not a “registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such that its ability to incur indebtedness is limited or its ability to consummate terms are defined in the transactions contemplated by the Loan Documents is materially impairedInvestment Company Act of 1940.

Appears in 1 contract

Sources: Note (Kythera Biopharmaceuticals Inc)

Governmental Regulation. The Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or the Investment Company Act of 1940 1940, each as amended, or to any other federal Federal or state statute or regulation such that limiting its ability to incur indebtedness for money borrowed. No Subsidiary of the Borrower is limited subject to any regulation that would limit the ability of the Borrower or such Subsidiary to enter into or perform its ability to consummate obligations under this Agreement, the transactions contemplated by Guaranties or the other Loan Documents is materially impairedDocuments.

Appears in 1 contract

Sources: Credit Agreement (McIi Holdings Usa Inc)

Governmental Regulation. Neither the Borrower nor any of its Subsidiaries is not subject to regulation under the Public Utility Holding Holdings Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, the Investment Company Act of 1940 or any other federal or state statute or regulation of any Governmental Authority such that its ability to incur indebtedness is limited or its 50 57 ability to consummate the transactions contemplated hereby or by the Loan other Transaction Documents is materially impaired.

Appears in 1 contract

Sources: Credit Agreement (American Classic Voyages Co)