No Investment Company. Neither the Borrower nor any Subsidiary is 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 11 contracts
Samples: Loan Agreement (PCD Inc), Loan Agreement (Broadway & Seymour Inc), Loan Agreement (Summit Design Inc)
No Investment Company. Neither the Borrower nor any -------------- --------------------- Subsidiary is 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 3 contracts
Samples: Loan Agreement (Boron Lepore & Associates Inc), Loan Agreement (Somera Communications Inc), Loan Agreement (Nxtrend Technology Inc)
No Investment Company. Neither the Borrower nor any Subsidiary is an "investment company" or or, to the best of their knowledge, 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 3 contracts
Samples: Loan Agreement (Wellman Inc), Loan Agreement (Wellman Inc), Loan Agreement (Wellman Inc)
No Investment Company. Neither the Borrower Borrower, nor any Subsidiary is 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 1 contract
No Investment Company. Neither the Borrower nor any Subsidiary is 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 1 contract
Samples: Loan Agreement (Finisar Corp)
No Investment Company. Neither the Borrower Borrower, the -------------- --------------------- Parent nor any Subsidiary is 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 1 contract
Samples: Loan Agreement (Talentpoint Inc)
No Investment Company. Neither the Borrower nor any Subsidiary is 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 1 contract
Samples: Loan Agreement (Innoveda Inc)
No Investment Company. Neither the Borrower nor any ------------ --------------------- Subsidiary is 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 1 contract