Act Compliance. Notwithstanding the foregoing, for as long as the Company is a registered business development company under the Investment Company Act of 1940, as amended (1940) this option shall comply with the provisions of the 1940 Act, and any provision of this Agreement not in compliance with the 1940 Act will be considered null and void.
Appears in 2 contracts
Sources: Non Qualified Stock Option Agreement (Utek Corp), Incentive Stock Option Agreement (Utek Corp)