Common use of Investment Company Act of 1940 Clause in Contracts

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Brandywine Operating Partnership Lp /Pa), Agreement and Plan of Merger (Shurgard Storage Centers Inc), Agreement and Plan of Merger (Amreit)

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Investment Company Act of 1940. Neither the Company nor any of the Company its Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (Crystal River Capital, Inc.), Agreement and Plan of Merger (Criimi Mae Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sunset Financial Resources Inc), Agreement and Plan of Merger (CRT Properties Inc), Agreement and Plan of Merger (Sunset Financial Resources Inc)

Investment Company Act of 1940. Neither the Company Acquired Companies nor any of the Company their respective Subsidiaries isare, or on at the First Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Sub Advisory Agreement (ARC Properties Operating Partnership, L.P.), Sub Advisory Agreement (RCS Capital Corp)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Prime Group Realty Trust), Agreement and Plan of Merger (Prime Group Realty Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company Company’s Subsidiaries isare, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Excel Trust, L.P.), Agreement and Plan of Merger (Spirit Finance Corp)

Investment Company Act of 1940. Neither the Company it nor any of the Company its Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bay Apartment Communities Inc), Agreement and Plan of Merger (Avalon Properties Inc)

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Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Health Care Reit Inc /De/), Agreement and Plan of Merger (Windrose Medical Properties Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company Company’s Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Centerpoint Properties Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company Company's Subsidiaries isare, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Capital Automotive Reit)

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