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

Company Not an “Investment Company. The Company is not required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 24 contracts

Samples: Underwriting Agreement (Lion Biotechnologies, Inc.), Underwriting Agreement (Abm Industries Inc /De/), Underwriting Agreement (El Pollo Loco Holdings, Inc.)

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Company Not an “Investment Company. The Company is not required to register as an “investment company” has been advised of the rules and requirements under the Investment Company Act of 1940, as amended (the “Investment Company Act”). The Company is not, and after receipt of payment for the Common Stock will not be, an “investment company” within the meaning of Investment Company Act.

Appears in 11 contracts

Samples: Sales Agreement (Nautilus Biotechnology, Inc.), Common Stock (Miragen Therapeutics, Inc.), Sales Agreement (Nautilus Biotechnology, Inc.)

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Cogent Biosciences, Inc.), Securities Purchase Agreement (Selecta Biosciences Inc), Securities Purchase Agreement (Traws Pharma, Inc.)

Company Not an “Investment Company. The Company has been advised of the Investment Company Act of 1940, as amended, including the rules and regulations of the Commission thereunder (the “Investment Company Act”). The Company is not required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 4 contracts

Samples: Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (BAKER HUGHES a GE Co LLC)

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

Appears in 4 contracts

Samples: Sales Agreement (Macrogenics Inc), Stock Sales Agreement (Macrogenics Inc), Common Stock (Macrogenics Inc)

Company Not an “Investment Company. The Company is not, and after giving effect to the transactions contemplated hereby will not be, required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended amended, and the rules and regulations promulgated thereunder (the “Investment Company Act”).

Appears in 3 contracts

Samples: Underwriting Agreement (Intercontinental Exchange, Inc.), Intercontinental Exchange, Inc., Intercontinental Exchange, Inc.

Company Not an “Investment Company. The Company is not, and will not be, after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tempest Therapeutics, Inc.), Securities Purchase Agreement (Kura Oncology, Inc.)

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Shares, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 1 contract

Samples: Stock Purchase Agreement (Catabasis Pharmaceuticals Inc)

Company Not an “Investment Company. The Company is not required to register as an “investment company” under or an entity “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended amended, and the rules and regulations of the Commission thereunder (collectively, the “Investment Company Act”).

Appears in 1 contract

Samples: Lock Up Agreement (Avalonbay Communities Inc)

Company Not an “Investment Company. The Company is not, and will not be, after receipt of payment for the Shares and Pre-Funded Warrants, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Enliven Therapeutics, Inc.)

Company Not an “Investment Company. The Company is not, and, after receipt of payment for the Securities will not be required to register as as, an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (including the “Investment Company Act”rules and regulations of the Commission promulgated thereunder).

Appears in 1 contract

Samples: Amsurg Corp

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Company Not an “Investment Company. The Neither the Company nor any of its subsidiaries is not or, after receipt of payment for the Shares, will become required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Sales Agreement (Revance Therapeutics, Inc.)

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Shares, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Avadel Pharmaceuticals PLC)

Company Not an “Investment Company. The Company is not required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (amended, and the “Investment Company Act”)rules and regulations thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Assurant Inc)

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

Appears in 1 contract

Samples: Open Market Sale (Liquidia Technologies Inc)

Company Not an “Investment Company. The Company is not, and after giving effect to the Share Repurchase, will not be required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Underwriting Agreement (Medpace Holdings, Inc.)

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Unum Therapeutics Inc.)

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