Common use of Not an Investment Company Clause in Contracts

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 16 contracts

Samples: Subscription and Securities Purchase Agreement (Speedemissions Inc), Securities Purchase Agreement (Emissions Testing Inc), Securities Purchase Agreement (Boston Biomedica Inc)

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Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Liberty Star Uranium & Metals Corp.), Securities Purchase Agreement (3dicon Corp), Securities Purchase Agreement (Titan Iron Ore Corp.)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Securities Purchase Agreement (American International Petroleum Corp /Nv/), Securities Purchase Agreement (American International Petroleum Corp /Nv/), Securities Purchase Agreement (Vitech America Inc)

Not an Investment Company. Neither the Company nor any Subsidiary of the Borrowing Subsidiaries is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Year Credit Agreement (DOVER Corp), Credit Agreement (DOVER Corp), Credit Agreement (Dover Corp)

Not an Investment Company. Neither the Company nor any Subsidiary other member of the Company Group is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.

Appears in 5 contracts

Samples: Merger Agreement (Abri SPAC I, Inc.), Merger Agreement (Logiq, Inc.), Merger Agreement (Goldenstone Acquisition Ltd.)

Not an Investment Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)

Not an Investment Company. Neither the Company Parent nor any Subsidiary thereof is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (PENTAIR PLC), Credit Agreement (nVent Electric PLC), Credit Agreement (PENTAIR PLC)

Not an Investment Company. Neither the Company nor any Covered Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ERF Wireless, Inc.), Securities Purchase Agreement (ERF Wireless, Inc.), Securities Purchase Agreement (ERF Wireless, Inc.)

Not an Investment Company. Neither the Company Borrower nor any ------------------------- Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Global Payments Inc), Credit Agreement (National Data Corp), Credit Agreement (National Data Corp)

Not an Investment Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Bridge Securities Purchase Agreement (Oxford Health Plans Inc), Bridge Securities Purchase Agreement (Oxford Health Plans Inc)

Not an Investment Company. Neither the Company Borrower nor any Subsidiary is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Global Payments Inc), Revolving Credit Agreement (World Acceptance Corp)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" “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 (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)

Not an Investment Company. Neither the Company nor any ------------------------- Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (International Fuel Technology Inc), Securities Purchase Agreement (International Fuel Technology Inc)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.. ARTICLE 1.9 ARTICLE 1.10

Appears in 2 contracts

Samples: Securities Purchase Agreement (Eagle Wireless International Inc), Securities Purchase Agreement (Eagle Wireless International Inc)

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Not an Investment Company. Neither the Company nor any Material Subsidiary is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Assignment and Assumption (AXA Equitable Holdings, Inc.), Assignment and Assumption (AXA Equitable Holdings, Inc.)

Not an Investment Company. ARTICLE 4.15 Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Directplacement Inc)

Not an Investment Company. Neither of the Company nor any Subsidiary Companies is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Not an Investment Company. Neither the Company nor any Subsidiary thereof, is an "Investment Company" “investment company” within the meaning of such term under the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Sales Agreement (U-Store-It Trust)

Not an Investment Company. Neither the Company nor any the Subsidiary is is, nor will the Company or the Subsidiary become as a result of the transactions contemplated hereby, an "Investment Company" within “investment company” as such terms are defined in the meaning of Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Placement Agency Agreement (Momenta Pharmaceuticals Inc)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.. ARTICLE 4.15

Appears in 1 contract

Samples: Securities Purchase Agreement (American International Petroleum Corp /Nv/)

Not an Investment Company. Neither the Company Borrower nor any Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Day Credit Agreement (Liberty Corp)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.. SECURITIES PURCHASE AGREEMENT - Page 21 (AutoBond Acceptance Corporation)

Appears in 1 contract

Samples: Securities Purchase Agreement (Autobond Acceptance Corp)

Not an Investment Company. Neither the Company Tenant nor any Subsidiary of its Subsidiaries is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Master Lease (Carmike Cinemas Inc)

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