Common use of No Investment Company Clause in Contracts

No Investment Company. The Borrower is not an “investment company” or a company “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 15 contracts

Samples: Secured Revolving Credit Agreement (XZERES Corp.), Revolving Credit and Term Loan Agreement (Mam Software Group, Inc.), Revolving Credit Agreement (General Environmental Management, Inc)

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No Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended, which is required to register thereunder.

Appears in 4 contracts

Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises, Inc.)

No Investment Company. The Borrower is not an “investment company” or a company “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amendedAct.

Appears in 3 contracts

Samples: Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (Ford Credit Auto Lease Trust 2014-A)

No Investment Company. The Borrower is not an "investment company” or a company “controlled” by an “investment company” " as such terms are defined in the Investment Company Act of 1940, as amendedAct.

Appears in 3 contracts

Samples: Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (CAB East LLC), Credit and Security Agreement (CAB East LLC)

No Investment Company. The Borrower None of the Borrowers is not an "investment company", or a company "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Loan Agreement (Greystone Funding Corp), Loan Agreement (Schick Technologies Inc), Loan Agreement (Schick Technologies Inc)

No Investment Company. The Neither Borrower is not an “investment company” or a company “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Comvest Investment Partners Iii, Lp), Revolving Credit Agreement (EVCI Career Colleges Holding Corp)

No Investment Company. The Borrower is not an "investment company" or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Loan Agreement Agreement (Alanco Technologies Inc), Revolving Credit and Term Loan Agreement (Talon International, Inc.)

No Investment Company. The Borrower None of Borrowers is not an “investment company” or a company “controlled” by an investment company” as such terms are defined in company within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

No Investment Company. The Borrower is not an "investment company", or a company "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Fine Air Services Corp)

No Investment Company. The Borrower is not an "investment company” or a company “controlled” by an “investment company” as such terms are defined in " within the meaning of the Investment Company Act of 1940, as amended.;

Appears in 1 contract

Samples: Loan Agreement (Hartman Commercial Properties Reit)

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No Investment Company. The Borrower None of the Borrowers is not an ------------------------------------ "investment company", or a company "controlled" by an "investment company", as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Loan Agreement (Igi Inc)

No Investment Company. The Borrower is not an “investment company” or a company “controlled” by an “investment company” as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Amerisourcebergen Corp)

No Investment Company. The No Borrower is not an "investment company" or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit and Security Agreement (Asahi America Inc)

No Investment Company. The Neither Borrower is not an "investment company" or a company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Asahi America Inc)

No Investment Company. The Borrower is not an investment company” or a company “controlled” by an “investment company” as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Benefit Life Insurance Company Loan Agreement (Electropharmacology Inc)

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