Common use of Company Not an “Investment Company Clause in Contracts

Company Not an “Investment Company. The Company is not, and after receipt of payment for the Common Shares will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, be an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Company Not an “Investment Company. The Company is not, and after receipt of payment for the Common Shares will not be, after giving effect to the Exchange Offer, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, be an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt the sale of payment for the Common Shares and the application of the proceeds thereof as described in the Disclosure Package and the Prospectus, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is not, and after receipt of payment for giving effect to the Common Shares Transactions, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)) and will conduct its business in a manner so that it will not become subject to the Investment Company Act.

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Shares and the application of the proceeds thereof, will not be, be an “investment company” within the meaning of ”, as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Shares Securities and the application of the proceeds thereof, will not be, be an “investment company,” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt the sale of payment for the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended (the “"Investment Company Act”").

Company Not an “Investment Company. The Company is not, and immediately after receipt of payment for the Common Shares Exchange will not be, an “investment company” or an entity “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Offered Shares as contemplated herein and the application of the net proceeds therefrom, as described in the Pricing Prospectus, will not be, be an “investment company” within the meaning of ”, as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Offered Shares and the application of the proceeds thereof, will not be, be an “investment company,” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt sale of payment for the Common Shares Securities as contemplated herein and the application of the net proceeds therefrom, as described in the Pricing Prospectus, will not be, be an “investment company” within the meaning of ”, as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Company Not an “Investment Company. The Company is notnot and, after giving effect to the offering and after receipt the sale of payment for the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).