Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Shares and the application of the proceeds thereof as described herein will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Regulus Therapeutics Inc.), Securities Purchase Agreement (GENELUX Corp), Securities Purchase Agreement (Regulus Therapeutics Inc.)
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Shares and the application of the proceeds thereof as described herein in the General Disclosure Package and the Prospectus will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Underwriting Agreement (Transcend Services Inc), Underwriting Agreement (Sonic Solutions/Ca/)
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale will not become upon consummation of the Shares transactions contemplated hereby and by the application of the proceeds thereof as described herein will not beStock Purchase Agreement, required to register as an “"investment company” " or an entity "controlled" by an "investment company," as such term is terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Purchase Agreement (Value Partners LTD /Tx/), Secured Convertible Note Purchase Agreement (Altiva Financial Corp)
Investment Company Act of 1940. The Company is not, and is not an Affiliate of, and, at all times up to and including consummation of the transactions contemplated by this Agreement and after giving effect to the offering and sale of the Shares and the application of the net proceeds thereof as described herein of the sale of Securities, will not be, required to register as an “investment company” as such term is defined in within the meaning of the Investment Company Act of 1940, as amended.. The Company shall conduct its business in a manner so that it will not become an “investment company” subject to registration under the Investment Company Act of 1940, as amended
Appears in 2 contracts
Samples: Securities Purchase Agreement (COPsync, Inc.), Securities Purchase Agreement (COPsync, Inc.)
Investment Company Act of 1940. The Company is not, and solely after giving effect to the offering offer and sale of the Shares Securities and the application of the proceeds thereof as described herein in the Registration Statement, will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Share Subscription Agreement (NaaS Technology Inc.), Share Subscription Agreement (NaaS Technology Inc.)
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Shares and the application of the proceeds thereof as described herein in the Prospectus will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Shares Common Shares, Common Warrants and Pre-Funded Warrants and the application of the proceeds thereof as described herein will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Anebulo Pharmaceuticals, Inc.)
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale will not become upon consummation of the Shares transactions contemplated hereby and by the application of the proceeds thereof as described herein will not beRelated Agreements, required to register as an “"investment company” " or an entity "controlled" by an "investment company," as such term is terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Placement Shares and the application of the proceeds thereof as described herein in the Prospectus will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company Act of 1940. The Company is not, and after giving effect to the offering and sale of the Shares and the application of the proceeds thereof as described herein Transaction will not be, required to register as an “investment company” as such term is defined in the Investment Company Act of 1940, as amended.; and
Appears in 1 contract
Samples: Letter Agreement (Lear Corp)
