Common use of Regulated Entities Clause in Contracts

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 4 contracts

Samples: Credit Agreement (United Artists Theatre Co), Credit Agreement (United Artists Theatre Co), Credit Agreement (Oneok Inc /New/)

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Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 3 contracts

Samples: Credit Agreement (Dendrite International Inc), Credit Agreement (Dendrite International Inc), Revolving Credit Agreement (Wisconsin Central Transportation Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 code, or of any other Federal or state statute or regulation regulation, limiting its ability to incur Indebtedness.

Appears in 3 contracts

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

Regulated Entities. None of the Company, any Related Entity, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any Related Entity 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 to which it is subject, or any other Federal or state statute or regulation of the United States or any such state limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (U S Timberlands Finance Corp), Credit Agreement (U S Timberlands Co Lp)

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940; . None of the Company, any Person controlling the Company or (b) any Subsidiary, 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 code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

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

Regulated Entities. None of the Company, any of the Partner Entities, any Person controlling the CompanyCompany or any of the Partner Entities, or any Subsidiaries Subsidiary of the CompanyCompany or any of the Partner Entities, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 2 contracts

Samples: Assignment and Assumption Agreement (Plum Creek Timber Co Inc), Credit Agreement (Plum Creek Timber Co Inc)

Regulated Entities. None Except as listed on Schedule 5.12 hereto, none of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Day Credit Agreement (Unumprovident Corp), Credit Agreement (Unumprovident Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any other Borrower 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 code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Oshkosh Corp), Credit Agreement (Oshkosh Truck Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . None of the Borrowers 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 code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Term Credit Agreement (Schawk Inc), Multicurrency Credit Agreement (Schawk Inc)

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal Federal, state or state other statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

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

Regulated Entities. None of Neither the Company, Company nor any Person controlling the Company, or any Subsidiaries of the Company, Company is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

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

Regulated Entities. None of the Company, the Guarantors, any Person controlling the Company, or any Subsidiaries of the CompanyGuarantor, is (a) an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940; . None of the Company, any Person controlling the Company or (b) any Subsidiary, 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 code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Exploration Co of Delaware Inc), Term Loan Agreement (Exploration Co of Delaware Inc)

Regulated Entities. None of the Company, the Partner Entities, any Person controlling the Companysuch Person, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 2 contracts

Samples: Credit Agreement (Crown Pacific Partners L P), Credit Agreement (Crown Pacific Partners L P)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 Indebtednesscode.

Appears in 2 contracts

Samples: Acceptance Agreement (Citgo Petroleum Corp), Assignment and Acceptance Agreement (Citgo Petroleum Corp)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 2 contracts

Samples: Credit Agreement (Oneok Inc /New/), Credit Agreement (Oneok Inc /New/)

Regulated Entities. None of the Company, the Partner Entities, any Person controlling the CompanyCompany or the Partner Entities, or any Subsidiaries Subsidiary of the CompanyCompany or the Partner Entities, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 2 contracts

Samples: Revolving Credit and Bridge Loan Agreement (Plum Creek Timber Co L P), Revolving Credit Agreement (Plum Creek Timber Co Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the Company, No Company is (a) an "Investment Companyinvestment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940; or (b) , as amended. No Company is subject to regulation under the Public Utility Holding Company Act of 1935, the U.S. Federal Power Act, the Interstate Commerce Act, any state public utilities code code, or any other U.S. Federal or state statute or regulation limiting its ability to incur IndebtednessIn- debtedness.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of of, or subject to regulation under, the Investment Company Act of 1940; . None of the Company or (b) any Subsidiary 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 or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Conseco Inc)

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of of, or subject to regulation under, the Investment Company Act of 1940; . None of the Company or (b) any Subsidiary 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 code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Conseco Inc)

Regulated Entities. None of the No Company, nor any Person controlling the any Company, or nor any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . No Company 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 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 controlling the Company, or any Subsidiaries Subsidiary of the Company, is (a) an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940; 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 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any other Borrower 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 code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Regulated Entities. None of the Company, any Person controlling the Company, such Company or any Subsidiaries Subsidiary of the such Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act, any state or provincial public utilities code code, or any other Federal Federal, provincial or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Stuart Entertainment Inc)

Regulated Entities. None of the Company, any Guarantor or any Person controlling the Company, Company or any Subsidiaries of the CompanyGuarantor, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; . None of the Company, any Guarantor or (b) any Person controlling the Company or any Guarantor, 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 code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Ivanhoe Energy Inc)

Regulated Entities. None Except as disclosed on Schedule 5.13, none of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Cihc Inc)

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal federal, state or state provincial statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Hub International LTD)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries Subsidiary of the Company, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940; 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, except that certain Persons who may be deemed to control the Company, Comdata Holdings or Comdata are registered investment companies within the meaning of the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Ceridian Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any of its Subsidiaries 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 code, or any other Federal or state statute or regulation limiting limiting, in any such case, its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Weatherford Enterra Inc)

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940; . None of the Company, any Person controlling the Company or (b) any Subsidiary, 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 code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Term Loan Agreement (Venoco, Inc.)

Regulated Entities. None of the Company, any Person controlling the Company, any Guarantor or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Med E America Corp)

Regulated Entities. None of the Company, any Person controlling the Company, any Borrower, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . No Borrower 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 code, or any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

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Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other similar Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (New Horizons Worldwide Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries Subsidiary of the Company, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940; 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, except that certain Persons who may be deemed to control the Company are registered investment companies within the meaning of the Investment Company Act of 1940.

Appears in 1 contract

Samples: Credit Agreement (Ceridian Corp)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiaries of the CompanyRestricted Subsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Clark Refining & Marketing Inc)

Regulated Entities. None of the Company, any Person controlling the ------------------ Company, or any Subsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 (Oneok Inc /New/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940; or (b) . Neither Borrower 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 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 Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 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 Hboc Inc)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither Borrower 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 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 Hboc Inc)

Regulated Entities. None of the Company, the Guarantors, any Person controlling the Company, or any Subsidiaries of the CompanyGuarantor, is (a) an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940; . None of the Company, any Person controlling the Company or (b) any Subsidiary, 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 code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Term Loan Agreement (TXCO Resources Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any other Borrower 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 code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Regulated Entities. None of the Company, any 70 Person controlling the Company, or any Subsidiaries Subsidiary of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 1 contract

Samples: Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)

Regulated Entities. None of the Company, its Subsidiaries, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; . None of the Company, any Person controlling the Company or (b) any Subsidiary, 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 code, or any other Federal federal or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (BMC, Ltd.)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the Company, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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.

Appears in 1 contract

Samples: Credit Agreement (Granite Construction Inc)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the Company, No Company is (a) an "Investment Companyinvestment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940; or (b) , as amended. No Company is subject to regulation under the Public Utility Holding Company Act of 1935, the U.S. Federal Power Act, the Interstate Commerce Act, any state public utilities code code, or any other Federal U.S. Federal, foreign or state statute or regulation limiting its ability to incur Indebtedness.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" Company within the meaning of the Investment Company Act of 1940; or (b) . 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 any other Federal or state statute or regulation limiting its ability to incur Indebtedness.. 6.14

Appears in 1 contract

Samples: Credit Agreement (Bucyrus International Inc)

Regulated Entities. None of the Company, any Person controlling ------------------ the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 1 contract

Samples: Credit Agreement (Conner Peripherals Inc)

Regulated Entities. None of the Company, any Person controlling the Company, Company or any Subsidiaries Subsidiary of the Company, Company is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; 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 code, or, to the knowledge of such Company, any other Federal or state statute or regulation limiting its ability to incur Indebtedness, the conditions to which the Company has not satisfied.

Appears in 1 contract

Samples: Credit Agreement (Plantronics Inc /Ca/)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any other Borrower is 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 Indebtednesscode.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Corp)

Regulated Entities. None of the Company, any Person controlling the Company, or any Subsidiaries of the CompanySubsidiary, is (a) an "Investment Company" within the meaning of the Investment Company Act of 1940; or (b) . Neither the Company nor any other Borrower 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 code, or any other U.S. Federal or state statute or regulation limiting its ability to incur Indebtedness.. 6.14

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

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