Common use of Regulated Entities Clause in Contracts

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 31 contracts

Samples: Credit Agreement, Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Cryolife Inc)

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Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 24 contracts

Samples: Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.), Credit Agreement (Iteris, Inc.)

Regulated Entities. None of any Credit Party, any Subsidiary or any Person controlling any Credit Party, or any Subsidiary of any Credit Party, such Person is (a) an “investment company” or required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 9 contracts

Samples: Securities Purchase Agreement (MedMen Enterprises, Inc.), Debenture Purchase Agreement (Red White & Bloom Brands Inc.), Securities Purchase Agreement (MedMen Enterprises, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 7 contracts

Samples: Term Loan Agreement (Numerex Corp /Pa/), Possession Credit Agreement (Radioshack Corp), Credit Agreement (Diplomat Pharmacy, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal Federal, Canadian, state, provincial or state territorial statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Thermon Holding Corp.), Credit Agreement (Thermon Holding Corp.), Non Competition Agreement (Thermon Holding Corp.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Restricted Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to or, if subject to, not exempt from, regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, Party or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Note Documents.

Appears in 4 contracts

Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents1940.

Appears in 4 contracts

Samples: Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit PartySubsidiary, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Jakks Pacific Inc), Term Loan Agreement (Jakks Pacific Inc), Credit Agreement (Jakks Pacific Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an "investment company" within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sigmatron International Inc), Credit Agreement (CSAV Holding Corp.), Credit Agreement (CSAV Holding Corp.)

Regulated Entities. None of any such Credit Party, any Person controlling any such Credit Party, or any Subsidiary of any Credit PartySubsidiary, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. Such Credit Party 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 5.15 attached hereto, any other Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Gentle Dental Service Corp), Credit Agreement (Gentle Dental Service Corp), Credit Agreement (Gentle Dental Service Corp)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit PartyParty (other than Tandy Life Insurance Company), is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 3 contracts

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

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary Affiliate of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 3 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.), Loan Agreement

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment companyInvestment Company(i) within the meaning of the Investment Company Act of 1940 or and (bii) required to be registered as such thereunder. No Credit Party is subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities codecode or law, or any other Federal federal, state or state statute, rule foreign statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documentsindebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Mobile Storage Group Inc), Credit Agreement (Mobile Storage Group Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 2 contracts

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

Regulated Entities. None of any the Credit Party, any Person Parties and the Persons controlling any the Credit Party, or any Subsidiary of any Credit Party, Parties is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal, state, provincial, territorial, local or state foreign statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan DocumentsNote Purchase Documents to which it is party.

Appears in 2 contracts

Samples: Real Alloy (Real Industry, Inc.), Agreement (Real Industry, Inc.)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. No Credit Party is 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, state or state statute, rule foreign statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documentsindebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Mobile Storage Group Inc), Credit Agreement (Mobile Storage Group Inc)

Regulated Entities. None of any No Credit Party, any Person controlling any Credit Party, Party or any Subsidiary of any Credit Party, is (a) is or is required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940 1940, as amended or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Evraz North America PLC), Credit Agreement (Evraz North America LTD)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Restricted Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Subsidiary of any Credit Party, is (a) an "investment company" within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal, state, provincial, territorial, local or state foreign statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Real Industry, Inc.)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal, state, provincial, territorial, local or state foreign statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Signature Group Holdings, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation or Canadian federal law or provincial, local or foreign law limiting its ability to incur IndebtednessDebt, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement

Regulated Entities. None of any the Credit Party, any Person controlling any Credit PartyParties, or any Subsidiary of any Credit Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. The Credit Parties are not subject to regulation under the Public Utility Holding Company Act of 2005, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.)

Regulated Entities. None of any No Credit Party, Party nor any Person controlling any such Credit Party, or any Subsidiary of any Credit PartyParties, is (a) an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940 or (b) 1940. No Credit Party is 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, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Quest Resource Corp)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Transaction Documents.

Appears in 1 contract

Samples: Credit Agreement (FTE Networks, Inc.)

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Regulated Entities. None of any No Credit Party, nor any Person controlling any Credit Party, or any Domestic Material Subsidiary of any Credit Party, is (a) required to register as an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Eplus Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary Affiliate of any Credit Party, is (a) an "investment company" within the meaning of the Investment Company Act of 1940 1940; or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, Party or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other foreign, Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (IMAC Holdings, Inc.)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Igi Laboratories, Inc)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Domestic Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (NxStage Medical, Inc.)

Regulated Entities. None of any the Credit PartyParties, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment companyInvestment Company” within the meaning of the Investment Company Act of 1940 or (b) 1940. The Credit Parties are not subject to regulation under the Public Utility Holding Company Act of 2005, the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule statute or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Crimson Wine Group, LTD)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, Party or any Subsidiary of any Credit Party, is (a) registered as an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ignite Restaurant Group, Inc.)

Regulated Entities. None of any No Credit Party, any no Person controlling any Credit Party, or nor any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Winnebago Industries Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an "investment company" within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 1940, as amended, or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations obligations under the Loan Transaction Documents.

Appears in 1 contract

Samples: Credit Agreement (FTE Networks, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Partythe Borrower’s Subsidiaries, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (WII Components, Inc.)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, any Canadian federal, provincial, territorial, local or foreign statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Talbots Inc)

Regulated Entities. None of any Credit Party, any Person controlling any Credit Party, or any Subsidiary of any Credit Party, is (a) an “investment company” within the meaning of the Investment Company Act of 1940 or (b) subject to regulation under the Federal Power Act, the Interstate Commerce Act, any state public utilities code, or any other Federal or state statute, rule or regulation limiting its ability to incur Indebtedness, pledge its assets or perform its Obligations under the Loan Documents.Commerce

Appears in 1 contract

Samples: Credit Agreement (Phreesia, Inc.)

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