Investment Company; Public Utility Holding Company. Borrower is not (a) an "investment company" or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended; or (b) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of either a "holding company" or a "subsidiary company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 4 contracts
Samples: Credit Agreement (Flow International Corp), Loan Agreement (Spacelabs Medical Inc), Credit Agreement (Flow International Corp)
Investment Company; Public Utility Holding Company. Borrower is not (a) an "investment company" or a "company "controlled" controlled by an investment company company" within the meaning of the Investment Company Act of 1940, as amended; , or (b) a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of either a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 4 contracts
Samples: Loan and Security Agreement (Focal Communications Corp), Equipment Loan and Security Agreement (Econophone Inc), Equipment Loan and Security Agreement (Econophone Inc)
Investment Company; Public Utility Holding Company. The Borrower is not (a) an "investment company" or a company "controlled" by an investment company within the meaning of the Investment Company Act of 1940, as amended; or (b) a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" of either a "holding company" or a "subsidiary company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 2 contracts
Samples: Credit Agreement (United Grocers Inc /Or/), Credit Agreement (United Grocers Inc /Or/)
Investment Company; Public Utility Holding Company. The Borrower -------------------------------------------------- is not (a) an "investment company" or a "company "controlled" controlled by an investment company company" within the meaning of the Investment Company Act of 1940, as amended; , or (b) a "holding company," or a "subsidiary company" of a "holding company," or an "affiliate" of either a "holding company" or of a "subsidiary company" of a "holding company," within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Samples: Loan and Security Agreement (Telscape International Inc)
Investment Company; Public Utility Holding Company. Borrower is not (a) an "“investment company" ” or a company "“controlled" ” by an investment company within the meaning of the Investment Company Act of 1940, as amended; or (b) a "“holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” of either a "“holding company" ” or a "“subsidiary company" ” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
