Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 38 contracts
Samples: Agreement and Plan of Merger (CNL Income Fund Vi LTD), Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (U S Restaurant Properties Inc)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company is, or at on the Effective Time Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Realty Income Corp), Agreement and Plan of Merger (Spirit Realty Capital, Inc.), Agreement and Plan of Merger (Spirit Realty Capital, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company Acquired Companies is, or at the Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Winston Hotels Inc)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (DecisionPoint Systems, Inc.), Agreement and Plan of Merger (Physicians Formula Holdings, Inc.), Agreement and Plan of Merger (Physicians Formula Holdings, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Centro Properties LTD), Agreement and Plan of Merger (Pomeroy It Solutions Inc), Agreement and Plan of Merger (New Plan Excel Realty Trust Inc)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, is required to be registered as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Investment Company Act”).
Appears in 4 contracts
Samples: Share and Asset Purchase Agreement (Home Loan Servicing Solutions, Ltd.), Share and Asset Purchase Agreement (New Residential Investment Corp.), Agreement and Plan of Merger (New Residential Investment Corp.)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “"1940 Act”").. SECTION 3.24
Appears in 4 contracts
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Tower Realty Trust Inc), Agreement and Plan of Merger Agreement and Plan of Merger (Reckson Associates Realty Corp), Agreement and Plan of Merger Agreement and Plan of Merger (Reckson Associates Realty Corp)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Company Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Highland Hospitality Corp), Agreement and Plan of Merger (Eop Operating LTD Partnership), Agreement and Plan of Merger (Eop Operating LTD Partnership)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, is required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Home Properties Inc), Agreement and Plan of Merger (Morgan Stanley), Agreement and Plan of Merger (American Financial Realty Trust)
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “"1940 Act”").
Appears in 4 contracts
Samples: Stockholder Voting Agreement (Globe Business Resources Inc), Agreement and Plan of Merger (Storage Trust Realty), Agreement and Plan of Merger (Camden Property Trust)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 "Investment Company Act”").
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Equity One Inc), Agreement and Plan of Merger (Walden Residential Properties Inc), Agreement and Plan of Merger (Walden Residential Properties Inc)
Investment Company Act of 1940. None Neither the Company nor any subsidiary of the Company is subject to registration or any Subsidiary of the Company is, or at the Effective Time will be, required to be registered regulation under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 4 contracts
Samples: Distribution Agreement (Wells Fargo & Co/Mn), Distribution Agreement (Wells Fargo & Co/Mn), Norwest Corp
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company isCompany's subsidiaries are, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Developers Diversified Realty Corp), Agreement and Plan of Merger (JDN Realty Corp), Agreement and Plan of Merger (Developers Diversified Realty Corp)
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ventas Inc), Agreement and Plan of Merger (Ventas Inc), Agreement and Plan of Merger (Eldertrust)
Investment Company Act of 1940. None of Neither the Managing Member, the Company or nor any Subsidiary subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 3 contracts
Samples: Master Agreement (Goldman Sachs Group Inc), Master Agreement (Goldman Sachs Group Inc), Master Agreement (McNeil Real Estate Fund Ix LTD)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at the Effective Time Time, will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lazard Freres Real Estate Investors LLC), Investment Agreement (United Dominion Realty Trust Inc)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CentraCore Properties Trust), Agreement and Plan of Merger (Geo Group Inc)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gables Residential Trust), Agreement and Plan of Merger (Great Lakes Reit)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company its Subsidiaries is, or at the Effective Time Closing will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Health Care Reit Inc /De/), Purchase Agreement (Hcp, Inc.)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Acceptance Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Land Lease Inc), Agreement and Plan of Merger (GCP Sunshine Acquisition, Inc. A Delaware Corp)
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company isCompany’s subsidiaries are, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Inland Retail Real Estate Trust Inc), Agreement and Plan of Merger (Price Legacy Corp)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company is, or at the Effective Time will be, its Subsidiaries is required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sizeler Property Investors Inc), Agreement and Plan of Merger (Revenue Properties Co LTD)
Investment Company Act of 1940. None of the No Company or any Designated Subsidiary of the Company is, or at the Effective Time Closing will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Merger Agreement (Ventas Inc)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company isits Subsidiaries are, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cole Credit Property Trust III, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Partnership Mergers Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Carramerica Realty Operating Partnership Lp)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at after giving effect to the Effective Time transactions contemplated by this Agreement will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Quadra Realty Trust, Inc.)
Investment Company Act of 1940. None of the Company, Company LP or any Company Subsidiary of the Company is, or at on the Effective Time Closing Date will be, required to be registered as an "investment company" under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Investment Company Act of 1940. None of the Company Acquiror or any Subsidiary of the Company is, or at the Effective Time will be, its subsidiaries is required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Vanity Events Holding, Inc.)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Community Properties Trust)
Investment Company Act of 1940. None Neither Enterprises nor any of the Company or any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Investment Company Act of 1940. None Neither of the Company or nor any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “"1940 Act”ACT").
Appears in 1 contract
Investment Company Act of 1940. None of the Company or any Subsidiary Company, the Operating Partnership and the other Subsidiaries of the Company is, or at the Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
