Common use of Governmental Regulation Clause in Contracts

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 (without reliance on the exemptions provided under Sections 3(c)(1) or 3(c)(7) thereof) or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries Company 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 terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company is "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state applicable statute or regulation of any Governmental Authority which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceableunenforceable except as expressly set forth herein. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings the Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings the Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Company nor any of its the Guarantor Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its the Guarantor Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 (without reliance on the exemptions provided under Sections 3(c)(1) or 3(c)(7) thereof) or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries Company 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 terms are defined in the Investment Company Act of 1940. The Company is not a “covered fund” for purposes of the Vxxxxxx Rule.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal federal, state, provincial or state foreign statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings the Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Parent nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Parent nor any of its Subsidiaries is a an "registered investment company" or a company "controlled" by a an "registered investment company" or a "principal underwriter" of a an "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor None of the Borrowers or any of its their Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor None of the Borrowers or any of its their Subsidiaries is a "registered investment mezzanine company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings any Holding Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings any Holding Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940. Parent is an “investment company” that has elected to be regulated as a BDC and qualifies as a RIC.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 (without reliance on the exemptions provided under Sections 3(c)(1) or 3(c)(7) thereof) or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries Company 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 terms are defined in the Investment Company Act of 1940. The Revolving Loans do not constitute an “ownership interest” as such term is defined under the Xxxxxxx Rule.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries (except for those listed on Schedule 1.1 hereto) is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or 51 which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940..............................85 4.17.

Governmental Regulation. Neither Holdings AcquisitionCo nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings AcquisitionCo nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Holding nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Holding nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 (without reliance on the exemptions provided under Sections 3(c)(1) or 3(c)(7) thereof) or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries Company 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 terms are defined in the Investment Company Act of 1940. The Company is not a “covered fund” for purposes of the Xxxxxxx Rule.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit limits its ability to incur Indebtedness or which may otherwise render renders all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the U.S. Public Utility Holding Company Act of 1935, the U.S. Federal Power Act or the U.S. Investment Company Act of 1940 or under any other federal federal, state or state provincial statute or regulation in the United States or Canada which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 (without reliance on the exemptions provided under Sections 3(c)(1) or 3(c)(7) thereof) or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries Company 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 terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment the Company Act of 1940.

Governmental Regulation. Neither Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "is “controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings the Corporation nor any of its Restricted Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations payment obligations under the Senior Preferred Stock unenforceable. Neither Holdings the Corporation nor any of its Restricted Subsidiaries is or is required to be registered as a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Company nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.

Governmental Regulation. Neither Holdings Borrower nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Borrower nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would likely cause competitive harm to the company if publicly disclosed.

Governmental Regulation. Neither Intermediate Holdings nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Intermediate Holdings nor any of its Subsidiaries is a "“registered investment company" ” or a company "“controlled" ” by a "“registered investment company" ” or a "“principal underwriter" ” of a "“registered investment company" ” as such terms are defined in the Investment Company Act of 1940. Parent is an “investment company” that has elected to be regulated as a BDC and qualifies as a RIC.

Governmental Regulation. Neither Holdings Holding nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable. Neither Holdings Holding nor any of its Subsidiaries is a "registered investment company" or a company "controlled" by a "registered investment company" or a "principal underwriter" of a "registered investment company" as such terms are defined in the Investment Company Act of 1940.