Company Not an “Investment Company. The Company is not an “investment company” or an entity “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Sources: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)
Company Not an “Investment Company. The Company is not and, after giving effect to the offering and sale of the Placement Shares and the application of the proceeds thereof, will not be an “investment company” or an entity “controlled” by an “investment company,” as such terms are term is defined in the Investment Company Act of 1940, as amendedamended (the “Investment Company Act”).
Appears in 4 contracts
Sources: Sales Agreement (Unity Biotechnology, Inc.), Sales Agreement (Unity Biotechnology, Inc.), Sales Agreement (Unity Biotechnology, Inc.)
Company Not an “Investment Company. The Company is not, and upon receipt of the proceeds from the sale of the Securities will not be, an “"investment company” or an entity “controlled” by an “investment company” as such terms are defined in " within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder.
Appears in 3 contracts
Sources: Underwriting Agreement (Radyne Comstream Inc), Underwriting Agreement (Radyne Comstream Inc), Underwriting Agreement (Radyne Comstream Inc)
Company Not an “Investment Company. The Company is not and will not be, either after receipt of payment for the Shares or after the application of the proceeds therefrom, an “investment company” or an entity “controlled” by an “investment company” ”, as such terms are term is defined in the Investment Company Act of 1940, as amendedamended (the “Investment Company Act”).
Appears in 2 contracts
Sources: Open Market Sale Agreement (Carisma Therapeutics Inc.), Open Market Sale Agreement (Sesen Bio, Inc.)
Company Not an “Investment Company. The Company is not an “investment company” or an entity “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amendedamended (the “1940 Act”).
Appears in 2 contracts
Sources: Distribution Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)
Company Not an “Investment Company. The Company is not, and immediately after receipt of payment for the Notes will not be, an “investment company” or an entity “controlled” by an “investment company” as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Level 3 Communications Inc), Securities Purchase Agreement (Level 3 Communications Inc)
Company Not an “Investment Company. The Company is not an “"investment company” ", or an entity “a company "controlled” " by an “"investment company” as such terms are defined in ", within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Sources: Term Loan Agreement (National Consumer Cooperative Bank /Dc/), Term Loan Agreement (National Consumer Cooperative Bank /Dc/)
Company Not an “Investment Company. The Company is not an “investment company” or an entity “controlled” by an “investment company” as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder (collectively, the “Investment Company Act”).
Appears in 1 contract
Sources: Open Market Sale Agreement (Dave & Buster's Entertainment, Inc.)
Company Not an “Investment Company. The Company is not and, after giving effect to the offering and sale of the Shares, will not be an “investment company,” or an entity “controlled” by an and “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Company Not an “Investment Company. The Company is not an “investment company” or an entity “controlled” by an “investment company” as such terms are defined in within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Sources: Underwriting Agreement (Td Ameritrade Holding Corp)