1940 Act. Where the effect of a requirement of the 1940 Act reflected in any provision of this Agreement is altered by a rule, regulation or order of the Commission, whether of special or general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
1940 Act. The Investment Company Act of 1940 and the rules, regulations and orders thereunder, as amended from time to time, or any successor law.
1940 Act. The term 1940 Act shall mean the Investment Company Act of 1940, as amended from time to time.
1940 Act. The Issuer is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
1940 Act. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Securities in such a manner as would require the Company to register as an investment company under the 1940 Act.
1940 Act. The Investment Company Act of 1940, as amended.
1940 Act. The Borrower becomes, or becomes controlled by, an entity required to register as an “investment company” under the 1940 Act.
1940 Act. The Seller is not required to be registered as an “investment company” and is not a company “controlled” by an investment company within the meaning of the 1940 Act.
1940 Act. Any Relevant Party becomes, or becomes controlled by, an entity required to register as an “investment company” under the 1940 Act.
