Common use of Holding Company and Investment Company Acts Clause in Contracts

Holding Company and Investment Company Acts. None of the Obligors is (i) a “holding company” or 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 1935, as amended, or (ii) an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors Companies is a (i) a “"holding company” " or 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 1935, as amended, or (ii) an “"investment company” " or an “"affiliated person” " or “"promoter” " of, or “"principal underwriter” " of or for, an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors Company or any of its Subsidiaries is (i) a “"holding company” " or 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 1935, as amended, amended or (ii) an “"investment company” " or an “"affiliated person” " or “"promoter” " of, or “"principal underwriter” " of or for, an “"investment company”, ," as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors is (i) a “holding company” or 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 1935, as amended, or (ii) an “investment company” or an “affiliated person” or “promoter” of, or 57 “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors is (i) a “holding company” ”, or 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 1935, as amended, or (ii) an ; nor is any of them a “registered investment company” ”, or an “affiliated personcompany” or “promoter” of, or a “principal underwriter” of or for, an a “registered investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors is (i) a “holding company” or 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 1935, as amended, or (ii) an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.. 103

Holding Company and Investment Company Acts. None of the Obligors is (i) a “"holding company” ", or 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 1935, as amended; nor is it an "investment company", or (ii) an “"affiliated company" or a "principal underwriter" of an "investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”", as such terms are defined in the Investment Company Act of 1940, as amended. Section 6.13.

Holding Company and Investment Company Acts. None of the Obligors Companies is (i) a “"holding company” " or 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 1935, as amended, or (ii) an “"investment company” " or an “"affiliated person” " or “"promoter” " of, or “"principal underwriter” " of or for, an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors Companies is (i) a “holding company” or 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 1935, as amended, or (ii) an “investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”, as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Apparel Obligors is (i) are a “"holding company” ", or 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 1935, as amended; nor are any of them an "investment company", or (ii) an “"affiliated company" or a "principal underwriter" of an "investment company” or an “affiliated person” or “promoter” of, or “principal underwriter” of or for, an “investment company”", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Obligors is (i) a “"holding company” ", or 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 1935, as amended; nor is it an "investment company", or (ii) an “investment "affiliated company” " or an “affiliated person” or “promoter” of, or “a "principal underwriter” " of or for, an “investment an"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None Neither Avado nor any of the Obligors its Subsidiaries is (i) a “"holding company” " or 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 1935, as amended, or (ii) an “"investment company” " or an “"affiliated person” " or “"promoter” " of, or “"principal underwriter” " of or for, an “"investment company”", as such terms are defined in the Investment Company Act of 1940, as amended.