Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 171 contracts
Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Radian Group Inc), Credit Agreement (Patterson Companies, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 130 contracts
Samples: Credit Agreement (Cobiz Financial Inc), Credit Agreement (Kimball International Inc), Credit Facility Agreement (Janus Capital Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 113 contracts
Samples: Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 56 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 48 contracts
Samples: Credit Agreement (Crimson Exploration Inc.), Credit Agreement (Callon Petroleum Co), Term Loan Agreement (Mission Resources Corp)
Investment Company Act. Neither the Borrower Company nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 35 contracts
Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (Brady Corp), Credit Agreement (Rexnord Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 32 contracts
Samples: Credit Agreement (MidWestOne Financial Group, Inc.), Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp)
Investment Company Act. Neither the Borrower Company nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 32 contracts
Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (United Waste Systems Inc), Credit Agreement (L&c Spinco Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 31 contracts
Samples: Loan Agreement (Isecuretrac Corp), Loan Agreement (Home Solutions of America Inc), Credit Agreement (Home Solutions of America Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 29 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (Patterson Dental Co), Credit Agreement (Damark International Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 25 contracts
Samples: Credit Agreement (Daktronics Inc /Sd/), Credit Agreement (Peoples Bancorp Inc), Credit Agreement (Xenith Bankshares, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 25 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Nine Energy Service, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 23 contracts
Samples: Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (HighPeak Energy, Inc.), Credit Agreement (Pyramid Oil Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 22 contracts
Samples: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Credit Agreement
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “investment company” as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 22 contracts
Samples: Term Loan Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 18 contracts
Samples: Credit Agreement (Hi-Crush Inc.), Possession Credit Agreement (Hi-Crush Inc.), Credit Agreement (Hi-Crush Inc.)
Investment Company Act. Neither None of the Borrower nor or any Subsidiary is an “investment company” or a company is “controlled” by an “investment company”,” as such terms are defined in, within the meaning of or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Credit Agreement (Verrica Pharmaceuticals Inc.), Credit Agreement (DarioHealth Corp.), Credit Agreement (TELA Bio, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 16 contracts
Samples: Credit Agreement (Atlas Resource Partners, L.P.), Credit Agreement (Forest Oil Corp), Credit Agreement (Eagle Rock Energy Partners L P)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 14 contracts
Samples: Credit Agreement (Beazer Homes Usa Inc), Term Loan Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 12 contracts
Samples: Revolving Credit and Security Agreement (Intelligroup Inc), Second Lien Term Loan and Security Agreement (Innotrac Corp), Revolving and Term Credit and Security Agreement (Aerosonic Corp /De/)
Investment Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 11 contracts
Samples: Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 11 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Loan Agreement (Lifevantage Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 11 contracts
Samples: Loan Agreement (Sharps Compliance Corp), Loan Agreement (Global Geophysical Services Inc), Credit Agreement (Dril-Quip Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 9 contracts
Samples: Assignment Agreement, Assignment Agreement (Beazer Homes Usa Inc), Assignment Agreement (TBC Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is is, or after giving effect to any Loan will be, an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Term Loan Agreement (Jack Henry & Associates Inc), Credit Agreement (Universal Electronics Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Insperity, Inc.), Credit Agreement (Insperity, Inc.), Loan Agreement (Sharps Compliance Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary ---------------------- thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Credit Agreement (Jostens Inc), Assignment Agreement (Torchmark Corp), Assignment Agreement (Gardner Denver Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Senior Unsecured Credit Agreement (Callon Petroleum Co), Credit Agreement (Isramco Inc), Credit Agreement (Global Marine Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Loan Agreement (Cardiovascular Systems Inc), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Sound Energy Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Stepan Co), Credit Agreement (Stepan Co), Credit Agreement (Stepan Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Rf Monolithics Inc /De/), Credit Agreement (Ezcorp Inc)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Atlantic City Electric Co), Credit Agreement (Potomac Electric Power Co), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Montage Resources Corp), Credit Agreement (Del Frisco's Restaurant Group, Inc.), Credit Agreement (Del Frisco's Restaurant Group, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (Summit Midstream Partners, LP), Credit Agreement (Summit Midstream Partners, LP), Guarantee and Collateral Agreement (Summit Midstream Partners, LP)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Term Loan Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, within the meaning of " as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Revolving Credit and Security Agreement (Nstor Technologies Inc), Credit Agreement (Boca Research Inc), Credit and Security Agreement (Prestige Cosmetics Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of as defined in the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Non Revolving Credit and Security Agreement (Unilife Corp), Loan and Security Agreement (Primo Water Corp), Loan and Security Agreement (Vitacost.com, Inc.)
Investment Company Act. Neither the Borrower nor any ------------------------ Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 6 contracts
Samples: Credit Agreement (St Mary Land & Exploration Co), Credit Agreement (Crested Corp), Credit Agreement (Crested Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” ", or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/), Credit Agreement (Cybex International Inc)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Assignment Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Assignment Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc), Loan Agreement (Delmarva Power & Light Co /De/)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” ”, or a company “controlled” by an “investment company”, within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: www.sec.gov, Credit Agreement (Raytheon Co/), Credit Agreement (Raytheon Co/)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit and Security Agreement (Lifecore Biomedical Inc), Credit and Security Agreement (Primegg LTD), Loan and Security Agreement (Pemstar Inc)
Investment Company Act. Neither the any Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/)
Investment Company Act. Neither the No Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Ch2m Hill Companies (Ch2m Hill Companies LTD), Credit Agreement (Cabelas Inc), Credit Agreement (Sunlink Health Systems Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “Person "controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Lechters Inc), Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Reinsurance Group of America Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Oceaneering International Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” or a “subsidiary” of an “investment company,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “"investment company” " as defined in, or a company “controlled” by an “investment company”otherwise subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. 5.15.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (InvenTrust Properties Corp.), Credit Agreement (Inland Western Retail Real Estate Trust Inc), Credit Agreement (Inland Diversified Real Estate Trust, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Miller Energy Resources, Inc.), Credit Agreement (Miller Energy Resources, Inc.)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amended, and is not controlled by such a company.
Appears in 4 contracts
Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO), Security Agreement (Rock-Tenn CO)
Investment Company Act. Neither None of the Borrower nor Borrowers or any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Cloud Peak Energy Inc.), Credit Agreement (Cloud Peak Energy Inc.), Credit Agreement (Dresser-Rand Group Inc.)
Investment Company Act. Neither None of the Borrower nor any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Senior Unsecured Term Loan Agreement (Scripps Networks Interactive, Inc.), First Amendment (Scripps Networks Interactive, Inc.), Year Competitive Advance And (Scripps Networks Interactive, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.)
Investment Company Act. Neither the Borrower Borrower, nor the Parent Entities, nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)
Investment Company Act. Neither the Borrower nor any Subsidiary is ---------------------- an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Transit Group Inc), Assignment Agreement (Howmet International Inc), Credit Agreement (Luiginos Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ” within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Restricted Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 4 contracts
Samples: Credit Agreement (Heckmann Corp), Credit Agreement (Heckmann Corp), Credit Agreement (Pioneer Drilling Co)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Possession Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc), Credit Agreement (Torchmark Corp)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Third Lien Term Loan Agreement (Quest Resource Corp), Loan Agreement (Quest Resource Corp), Term Loan Agreement (Quest Resource Corp)
Investment Company Act. Neither None of the Borrower nor or any Subsidiary is an “investment company” as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.), Control Agreement (Secure Computing Corp)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Short Term Loan Agreement (Pepco Holdings Inc), Short Term Loan Agreement (Pepco Holdings Inc), Loan Agreement (Potomac Electric Power Co)
Investment Company Act. Neither the Borrower nor any Subsidiary of the Borrower is an “investment company” registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the “control” of an “investment company,” as those terms are defined in such Act, and shall not become such an “investment company” or under such “control.”
Appears in 3 contracts
Samples: Guaranty Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc), Credit Agreement (Universal Stainless & Alloy Products Inc)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Globenet Communications Group LTD), Credit Agreement (Global Crossing LTD), Credit Agreement (Global Crossing Holdings LTD)
Investment Company Act. Neither the No Borrower nor any respective Subsidiary is an “investment company” ”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended. No Borrower is subject to any Federal or state statute or regulation, which limits its ability to incur Indebtedness.
Appears in 3 contracts
Samples: Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DriveTime Automotive, Inc.)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amendedamended from time to time.
Appears in 3 contracts
Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Inc), Credit Agreement (Freeport McMoran Resource Partners Limited Partnership)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “---------------------- "investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Acquisition Credit Agreement (Transit Group Inc), Day Credit Agreement (Mead Corp), Assignment Agreement (DPL Inc)
Investment Company Act. Neither the Borrower nor any Consolidated Subsidiary is (x) an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended, or (y) subject to any other federal or state law or regulation which purports to restrict or regulate its ability to borrow money.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc), Revolving Credit Agreement (Istar Financial Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Input Output Inc)
Investment Company Act. Neither the any Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Transcoastal Marine Services Inc), Credit Agreement (Transcoastal Marine Services Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.. 5.17
Appears in 2 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any its Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (M I Schottenstein Homes Inc), Credit Agreement (M I Schottenstein Homes Inc)
Investment Company Act. Neither of the Borrower nor any Borrowers and no Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pilgrim America Capital Corp), Credit Agreement (Pilgrim Capital Corp)
Investment Company Act. Neither of the Borrower Borrowers nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Senior Credit Agreement (Quest Resource Corp), Senior Credit Agreement (Quest Resource Corp)
Investment Company Act. Neither the No Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (MPW Industrial Services Group Inc), Credit Agreement (MPW Industrial Services Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “controlled” controlled by an “"investment company”, within the meaning of " as each term is defined in the Investment Company Act of 1940, as amended1940 or subject to regulation thereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pittston Co), Credit Agreement (Pittston Co)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of of, or "controlled by" an "investment "company" within the meaning of, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (T-3 Energy Services Inc), Credit Agreement (T-3 Energy Services Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " registered or a company “controlled” by an “investment company”, within the meaning of required to be registered under the Investment Company Act of 1940, as amendedamended from time to time, or a company under the "control" of an "investment company," as those terms are defined in such Act, and shall not become such an "investment company" or under such "control."
Appears in 2 contracts
Samples: Loan Agreement (Atlas Pipeline Partners Lp), Loan Agreement (Resource America Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” or a company “controlled” by an “investment company”, " within the meaning of and subject to regulation under the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” ," or a company “"controlled” " by an “"investment company”, ," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Midway Games Inc), Revolving Credit and Term Loan Agreement (Adelphia Communications Corp)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company”, or an “affiliated company” or a company “controlledprincipal underwriter” by of an “investment company”, within the meaning of as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Investment Company Act. Neither the such Borrower nor any Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Baltimore Gas & Electric Co), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither None of the Borrower nor any Principal Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Assignment Agreement (Dynegy Inc), Credit Agreement (Dynegy Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " as defined in, or a company “controlled” by an “investment company”subject to regulation under, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Panavision Inc), Second Lien Credit Agreement (Panavision Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “"investment company” " or a company “"controlled” " by an “"investment company”, " within the meaning of the Investment Company Act of 1940, as amended. Neither the Borrower nor any Subsidiary is subject to regulation under any Federal or state statute, regulation or other Legal Requirement which limits its ability to incur Debt.
Appears in 2 contracts
Samples: Credit Agreement (Rowan Companies Inc), Credit Agreement (Rowan Companies Inc)
Investment Company Act. Neither the Borrower nor any Restricted Subsidiary is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Investment Company Act. Neither the Borrower such Borrowing Subsidiary nor any Subsidiary thereof is an “"investment company” " or a company “"controlled” " by an “investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Senior Revolving Credit Agreement (Enesco Group Inc), Assignment Agreement (Enesco Group Inc)
Investment Company Act. Neither the Borrower nor any Subsidiary ---------------------- is an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Assignment Agreement (Alliant Energy Corp), Credit Agreement (Qad Inc)
Investment Company Act. Neither the Borrower Borrowers nor any Subsidiary is are an “"investment company” " or a company “"controlled” " by an “"investment company”", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Bogen Communications International Inc), Credit Agreement (Bogen Communications International Inc)
Investment Company Act. Neither the such Borrower nor any Subsidiary of such Borrower is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Union Electric Co), Credit Agreement (Union Electric Co)
Investment Company Act. Neither the Borrower nor any ---------------------- Subsidiary is an “"investment company” " or a company “"controlled” " by an “investment company”, company within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)
Investment Company Act. Neither the Borrower nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Loan and Subordinated Debenture Purchase Agreement (Centrue Financial Corp), Credit Agreement (Isramco Inc)
Investment Company Act. Neither the Borrower Borrowers nor any Significant Subsidiary thereof is an “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Credit Agreement (Protective Life Corp), Credit Agreement (Protective Life Insurance Co)
Investment Company Act. Neither the Borrower Borrowers nor any Subsidiary is an “investment company” or a company “controlled” by an “investment company”, ,” within the meaning of of, or subject to regulation under, the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Second Lien Term Credit Agreement (Sanchez Energy Corp), Credit Agreement (Sanchez Energy Corp)
