From November. 12, 2014 to January 5, 2023, the Company elected to be regulated as a business development company under the 1940 Act pursuant to a duly completed and executed Form N-54A that the Company validly filed with the Commission pursuant to Section 54(a) of the 1940 Act. From November 12, 2014 to January 5, 2023, the Company operated in compliance with the provisions of the 1940 Act applicable to business development companies and the Company and its Subsidiaries operated in compliance with all applicable provisions of the 1940 Act, except where any such non-compliance would not, individually or in the aggregate, result in a Company Material Adverse Effect. From November 12, 2014 to January 5, 2023, the Company was not subject to the Investment Advisers Act of 1940, as amended, and the rules and regulations thereunder (collectively, the “Advisers Act”).
Appears in 3 contracts
Sources: Underwriting Agreement (NewtekOne, Inc.), Underwriting Agreement (NewtekOne, Inc.), Underwriting Agreement (NewtekOne, Inc.)