Common use of Investment Company Act, Etc Clause in Contracts

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 15 contracts

Samples: Revolving Credit Loan Agreement (Lone Star Steakhouse & Saloon Inc), Revolving Credit Agreement (Amsurg Corp), Revolving Credit Agreement (Patriot Transportation Holding Inc)

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Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or is "controlled" by an "investment company", as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debtdebt or requiring any approval or consent from or registration or filing with, any Governmental Authority in connection therewith.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Heico Corp), Day Credit Agreement (Northern Border Partners Lp), Revolving Credit Agreement (Northern Border Partners Lp)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debtamended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fulton Financial Corp), Revolving Credit Loan Agreement (CBRL Group Inc)

Investment Company Act, Etc. Neither the Borrower nor any of its Consolidated Subsidiaries is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Certegy Inc)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or is "controlled" by an "investment company", as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Haverty Furniture Companies Inc)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries Subsidiary is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended amended, or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Credit Agreement (East Kansas Agri Energy LLC)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "β€œinvestment company"”, as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debtdebt under this Agreement or the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Liquidity Services Inc)

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Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (cb) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Credit Agreement (Harland John H Co)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries Parent is (a) an "investment company", as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Central Freight Lines Inc/Tx)

Investment Company Act, Etc. Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" or is ", controlled" by an "investment company" as such terms are defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) otherwise subject to any other regulatory scheme limiting its ability to incur debt.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Lone Star Steakhouse & Saloon Inc)

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