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

Holding Company and Investment Company Acts. None of the 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, 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 Neither the Company or Borrowers nor any of its their Subsidiaries is (i) a "holding company" HOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company" HOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING 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" INVESTMENT COMPANY", or an "affiliated personAFFILIATED COMPANY" or a "promoter" of, or "principal underwriterPRINCIPAL UNDERWRITER" of or for, an "investment companyINVESTMENT 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 Company or Borrowers nor any of its their Subsidiaries is (i) a "holding company" “HOLDING COMPANY”, or a "subsidiary company" “SUBSIDIARY COMPANY” of a "holding company" “HOLDING COMPANY”, or an "affiliate" “AFFILIATE” of a "holding company"“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 company" “AFFILIATED COMPANY” or a “PRINCIPAL UNDERWRITER” of an "affiliated person" or "promoter" of, or "principal underwriter" of or for, an "investment company"“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 Company or Borrowers nor any of its 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) an "investment company" or an "affiliated person" or "promoter" of, of or "principal underwriter" of or for, 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 Company Borrower ------------------------------------------- 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) an ; nor are 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 Neither the Company or Borrower nor ------------------------------------------- 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) 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 Company or Borrowers nor any of its their Subsidiaries is (i) a "holding company" HOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company" HOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING 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" INVESTMENT COMPANY", or an "affiliated personAFFILIATED COMPANY" or a "promoter" of, or "principal underwriterPRINCIPAL UNDERWRITER" of or for, an "investment companyINVESTMENT 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 Company or Borrower nor any of its Subsidiaries is (i) a "holding company" HOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company" HOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY", as such terms are defined in the Public Utility Holding Company Act of 1935; nor is it a "REGISTERED INVESTMENT COMPANY", as amended, or (ii) an "investment company" or an "affiliated personAFFILIATED COMPANY" or a "promoter" of, or "principal underwriterPRINCIPAL UNDERWRITER" of or for, an a "investment companyREGISTERED 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 Company or Borrower nor any of its Subsidiaries is (i) a "holding HOLDING company" ", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company" HOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY", as such terms are defined in the Public Utility Holding Company Act of 1935, as amended; nor is such Person a "REGISTERED INVESTMENT COMPANY", or (ii) an a "investment companyPRINCIPAL UNDERWRITER" or an of a "affiliated person" or REGISTERED INVESTMENT COMPANY"promoter" of, or a company controlled by a "principal underwriter" of or for, an "investment companyREGISTERED 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 Company or Borrowers nor any of its 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 19352005; nor is it is subject to regulation as a "public utility" under the Federal Power Act, 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 Company or Neither Borrower nor 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 Company or any of its Subsidiaries Borrowers is (i) a "holding company" HOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding company" HOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING 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" INVESTMENT COMPANY", or an "affiliated personAFFILIATED COMPANY" or a "promoter" of, or "principal underwriterPRINCIPAL UNDERWRITER" of or for, an "investment companyINVESTMENT COMPANY", as such terms are defined in the Investment Company Act of 1940, as amended.

Holding Company and Investment Company Acts. None of the Company Borrowers or any of its 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, ; nor is any Borrower or (ii) any Subsidiary of any Borrower 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.