Investment Company Act Compliance Clause Examples

Investment Company Act Compliance. Neither Borrower nor Guarantor is required to be registered as an “investment company” as defined under the Investment Company Act nor as an entity under the control of an “investment company” as defined under the Investment Company Act.

Investment Company Act Compliance. In performing services hereunder, the Distributor shall at all times comply with the applicable provisions of the Investment Company Act of 1940, as amended (the "1940 Act") and any other federal or state securities laws.

Investment Company Act Compliance. Seller is not required to be registered as an “investment company” as defined under the Investment Company Act nor as an entity under the control of an “investment company” as defined under the Investment Company Act.

Investment Company Act Compliance. 24 4.18 Public Utility Holding Company Act Compliance...................24 4.19

Investment Company Act Compliance. In performing services hereunder, TFS shall at all times comply with applicable provisions of the Investment Company Act of 1940, as amended (the “1940 Act”) and any other federal or state securities laws. In addition, and without limiting the foregoing, this Agreement is subject to the 1940 Act and rules thereunder; to the extent that any provision of this Agreement would require a party to take any action prohibited by the 1940 Act and rules thereunder, or would preclude a party from taking any action required by the 1940 Act and rules thereunder, then it is the intention of the parties hereto that such provision shall be enforced only to the extent permitted under the 1940 Act and rules thereunder; and that all other provisions of this Agreement shall remain valid and enforceable as if the provision at issue had never been a part hereof.

Investment Company Act Compliance. Neither Seller nor any of its Subsidiaries is required to be registered as an “investment company” as defined under the Investment Company Act or as an entity under the control of an entity required to be registered as an “investment company” as defined under the Investment Company Act.

Investment Company Act Compliance. After giving effect to the proposed Borrowing, each Initial Borrower shall be in compliance with all applicable limitations on Indebtedness under the Investment Company Act and its Constituent Documents.

Investment Company Act Compliance a. Assist in updating and monitoring compliance with the Fund’s policies and procedures adopted pursuant to Rule 38a-l of the Investment Company Act (the “Fund’s Policies and Procedures”). b. Employ the services of a person to act in the capacity of Chief Compliance Officer of the Fund, who shall be responsible for administering the Fund’s Policies and Procedures. c. Periodically monitor compliance with Investment Company Act requirements, including: (1) Asset diversification tests (2) Maintenance of books and records under Rule 31a-3 (3) Code of ethics d. Periodically monitor Fund’s compliance with the policies and investment limitations of the Fund as set forth in its prospectus and statement of additional information.

Investment Company Act Compliance. 28 4.13 Public Utility Holding Company Act Compliance . . . . . . . 28 4.14 Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4.15