Holding Company and Investment Company Acts. Neither any ------------------------------------------- Loan Party nor any of its Subsidiaries is 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. Neither any Loan Party nor any of its Subsidiaries is an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", or an entity "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Holding Company and Investment Company Acts. Neither any ------------------------------------------- Loan Party nor any of its Subsidiaries is 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. Neither any Loan Party nor any of its Subsidiaries is an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", or an entity "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Holding Company and Investment Company Acts. Neither any ------------------------------------------- Loan Party the Borrower nor any of its Subsidiaries is a "holding companyHOLDING COMPANY", or a "subsidiary companySUBSIDIARY COMPANY" of a "holding companyHOLDING COMPANY", or an "affiliateAFFILIATE" of a "holding companyHOLDING COMPANY", as such terms are defined in the Public Utility Holding Company Act of 1935. Neither any Loan Party ; nor any of its Subsidiaries is such Person an "investment companyINVESTMENT COMPANY", or an "affiliated company" or a "principal underwriterPRINCIPAL UNDERWRITER" of an "investment companyINVESTMENT COMPANY", or an entity "controlled" a company controlled by an "investment companyINVESTMENT COMPANY", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Staples Inc), Day Term Loan Agreement (Staples Inc)
Holding Company and Investment Company Acts. Neither any ------------ ------------------------------------------- Loan Party nor any of its Subsidiaries is a "holding company", or a "subsidiary company" of a "holding company", or an "affiliate" of a "holding company", as such terms are -50- defined in the Public Utility Holding Company Act of 1935. Neither any Loan Party nor any of its Subsidiaries is an "investment company", or an "affiliated company" or a "principal underwriter" of an "investment company", or an entity "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
