Common use of Regulated Entities Clause in Contracts

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 53 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement (Zenith National Insurance Corp)

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Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 10 contracts

Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp), Bridge Credit Agreement (Mgic Investment Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 8 contracts

Samples: Credit Agreement (American Disposal Services Inc), Subordinated Note and Warrant Purchase Agreement (Air Cure Technologies Inc /De), Credit Agreement (Fiberite Holdings Inc)

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 8 contracts

Samples: Credit Agreement (Enstar Income Growth Program Five-a Lp), Credit Agreement (Enstar Income Program 1984-1 Lp), Credit Agreement (Falcon Holding Group Lp)

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 6 contracts

Samples: Credit Agreement (Maxxam Group Holdings Inc), Credit Agreement (Maxxam Group Holdings Inc), Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, Company is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.. 5.14

Appears in 5 contracts

Samples: Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is required to register as an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 5 contracts

Samples: Credit Agreement (Mdu Resources Group Inc), Assignment Agreement (Mdu Resources Group Inc), Credit Agreement (Mdu Resources Group Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Term Loan Agreement (Valspar Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary thereof, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 4 contracts

Samples: Non Negotiable Note Purchase Agreement (Titan Corp), Note Purchase Agreement (Motient Corp), Note Purchase Agreement (Motient Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or Company nor any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 4 contracts

Samples: Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 4 contracts

Samples: Credit Agreement (Nebco Evans Holding Co), Credit Agreement (Ameriserve Transportation Inc), Credit Agreement (Nebco Evans Holding Co)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, The Company is not an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Subordinated Credit Agreement (Zimmerman Sign Co), Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is or is required to be registered as an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other similar Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Midway Games Inc), Credit Agreement (Material Sciences Corp), Credit Agreement (Midway Games Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Term Credit Agreement (Tenneco Packaging Inc), Term Loan Agreement (Pactiv Corp), Long Term Credit Agreement (Tenneco Packaging Inc)

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Mentor Graphics Corp), Pledge Agreement (Cb Commercial Real Estate Services Group Inc), Credit Agreement (Mentor Graphics Corp)

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiary, is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary (other than Ellwood), is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Venoco, Inc.), Second Lien Term Loan Agreement (Venoco, Inc.), Credit Agreement (Venoco, Inc.)

Regulated Entities. None of the Company, any Person controlling the Company, or any Restricted Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Clark Refining & Marketing Inc), Credit Agreement (Premcor Inc), Credit Agreement (Premcor Refining Group Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary of the Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Plantronics Inc /Ca/), Credit Agreement (Plantronics Inc /Ca/)

Regulated Entities. None of Neither the Company, Company nor any Person controlling ------------------ the Company, or any Subsidiary, Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

Regulated Entities. None of the CompanyCompanies, any Person controlling the CompanyCompanies, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Companies Act of 1940. The Company Neither of the Companies is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Day Credit Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)

Regulated Entities. None of the such Company, any Person controlling the such Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Interim Services Inc), Credit Agreement (Danka Business Systems PLC)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under any provision of the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or of any other Federal federal or state statute or regulation regulation, limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiary, Subsidiary of ------------------ the Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company No Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Regis Corp)

Regulated Entities. None of the Company, any Person person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the -28- Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Regis Corp), Credit Agreement (Picturetel Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp), Term Loan Credit Agreement (Idex Corp /De/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Tower Automotive Inc)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Pledge Agreement (Cb Richard Ellis Services Inc), Revolving Credit Agreement (Micron Technology Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)

Regulated Entities. None of the such Company, any Person controlling the ------------------ such Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Danka Business Systems PLC)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (McKesson Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, Act or any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (International Multifoods Corp)

Regulated Entities. None of the CompanyCompanies, nor any Person controlling the any Company, or nor any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The No Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Esterline Technologies Corp)

Regulated Entities. None of the Company, any Person person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Marcus Corp)

Regulated Entities. None of the Company, any Person controlling ------------------ Controlling the Company, Company or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Select Medical Corp

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is required to register as an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Mdu Resources Group Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.indebtedness;

Appears in 1 contract

Samples: Credit Agreement (Louisiana Pacific Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Cinemark Usa Inc /Tx)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, The Company is not (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

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Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiary, is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The None of the Company, any Person controlling the Company or any Subsidiary (other than Ellwood), is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Venoco, Inc.)

Regulated Entities. None of Neither the Company, any Person controlling the Company, or nor any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, 1935 or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Solectron Corp)

Regulated Entities. None of the such Company, any Person controlling the such Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Such Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state foreign statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Danka Business Systems PLC)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, code or to any other Federal federal or state statute statue or regulation limiting its ability to incur Indebtednessindebtedness.

Appears in 1 contract

Samples: Credit Agreement (Olympic Financial LTD)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment CompanyINVESTMENT COMPANY" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or and any Subsidiary, of the Company's Subsidiaries is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Efunds Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.. 5.14

Appears in 1 contract

Samples: Credit Agreement (Precision Castparts Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Western Multiplex Corp)

Regulated Entities. None of the Company, any Person ------------------ controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.. 6.14

Appears in 1 contract

Samples: Credit Agreement (Precision Castparts Corp)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Regulated Entities. None of the Company, any ------------------ Person controlling the Company, or any Subsidiary, Subsidiary is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or or, to the best of the Company's knowledge, any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Cypress Semiconductor Corp /De/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is or is required to be registered as an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940. The Company Neither Borrower is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (McKesson Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (McKesson Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment -52- Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (System Software Associates Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or except as specifically disclosed in SCHEDULE 5.13, any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Foundation Health Systems Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 19352005, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Marcus Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities codecode or law, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Appears in 1 contract

Samples: Credit Agreement (U S Plastic Lumber Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Regis Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.. 6.14

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Material Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Hambrecht & Quist Group)

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiaryMaterial Subsidiary (including the Guarantors), is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Neither the Company nor any Subsidiary (including the Guarantors) is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc)

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiary, Company is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Safeco Corp)

Regulated Entities. None of the Company, any Person controlling Affiliate of the Company, or any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Lee Enterprises Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any SubsidiarySubsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not ; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtednessindebtedness.

Appears in 1 contract

Samples: Credit Agreement (Ross Stores Inc)

Regulated Entities. None of Neither the Company, any Person controlling the Company, or nor any Subsidiary, is an "Investment Company" within the meaning of the Investment Company Act of 1940. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

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