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

Company Not an “Investment Company. Neither the Company nor any of its subsidiaries is, nor after receipt of payment for the Notes and the application of the proceeds thereof as contemplated under the caption “Use of Proceeds” in the Preliminary Prospectus and the Prospectus will be, 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 (the “Investment Company Act”).

Appears in 10 contracts

Samples: Underwriting Agreement (RPM International Inc/De/), Underwriting Agreement (RPM International Inc/De/), Underwriting Agreement (RPM International Inc/De/)

AutoNDA by SimpleDocs

Company Not an “Investment Company. Neither the The Company nor any of its subsidiaries isis not, nor and will not be, either after receipt of payment for the Notes and Shares or after the application of the proceeds thereof therefrom as contemplated described under the caption “Use of Proceeds” in the Preliminary Prospectus and the Prospectus will beProspectus, 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 (the “Investment Company Act”)amended.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Sabra Health Care (Sabra Health Care REIT, Inc.), Equity Distribution Agreement (Empire Petroleum Corp)

Company Not an “Investment Company. Neither the The Company nor any of its subsidiaries isis not, nor and will not be, either after receipt of payment for the Notes and Shares or after the application of the proceeds thereof therefrom as contemplated described under the caption “Use of Proceeds” in the Preliminary Prospectus and the Prospectus will beProspectus, 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 (the “Investment Company Act”).

Appears in 3 contracts

Samples: Open Market Sale (CASI Pharmaceuticals, Inc.), Open Market Sale Agreement (General Maritime Corp / MI), Open Market Sale Agreement (General Maritime Corp / MI)

Company Not an “Investment Company. Neither the The Company nor any of its subsidiaries isis not, nor and after receipt of payment for the Notes and Shares or after the application of the proceeds thereof therefrom as contemplated described under the caption “Use of Proceeds” in the Preliminary Prospectus and the Prospectus Prospectus, will not be, 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 (the “Investment Company Act”), and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Samples: Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.), Open Market Sale (BioXcel Therapeutics, Inc.)

AutoNDA by SimpleDocs

Company Not an “Investment Company. Neither the Company nor any of its subsidiaries isthe Subsidiaries is or, nor after receipt giving effect to the offering and sale of payment for the Notes and Offered Shares or after the application of the proceeds thereof therefrom as contemplated described under the caption “Use of Proceeds” in the Preliminary Registration Statement, the Time of Sale Prospectus and or the Prospectus Prospectus, will be, be 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 (the “Investment Company Act”).

Appears in 1 contract

Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.