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

Holding Company and Investment Company Acts. None of the Borrowers 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 Borrowers Borrower, any of its Subsidiaries, any Member nor any Guarantor 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) ; nor is it an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Borrowers 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 Borrowers Borrower, Managing Member, the Property Owner, the Guarantor or any of the Additional Pledgors 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) ; nor is any of them an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Borrowers Borrower, the Guarantors 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, or (ii) ; nor is any of them an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Borrowers No Borrower or Guarantor is (ia) 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 (iib) 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 Neither the Borrowers Borrower nor the Guarantor 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 Borrowers Borrower, the Guarantors 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, or (ii) ; nor is any of them an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Borrowers Guarantor, the Borrower nor any of their 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) ; nor is it an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "principal underwriter" of or for, an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended. 7.13.

Holding Company and Investment Company Acts. None of Neither the Borrowers ------------------------------------------- Borrower nor the Guarantor 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 No Borrower, Guarantor or Subsidiary of the Borrowers any Borrower or Guarantor 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 Neither Borrower nor any Guarantor or any Pledged Entity, and none of the Borrowers their respective Subsidiaries, is (i) a "“holding company" ,” or a "subsidiary company" an “affiliate” 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) 2005; nor are any such Persons an "“investment company" ,” or an "“affiliated person" company” or "promoter" of, or "a “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 Borrowers No Borrower or ------------------------------------------- Corporate Guarantor 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 Borrowers 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 Borrowers Borrower, the Guarantor or any of their 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) ; nor is any of them an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Neither the Borrower, any Guarantor nor any of the Borrowers their 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) ; nor is it an "investment company" ", or an "affiliated personcompany" or "promoter" of, or a "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 Any Borrower nor the Borrowers Guarantor 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.