Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 341 contracts
Samples: Underwriting Agreement (Haymaker Acquisition Corp. 4), Underwriting Agreement (HCM Acquisition Corp), Underwriting Agreement (CF Finance Acquisition Corp. III)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Statutory Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 212 contracts
Samples: Underwriting Agreement (CCIF Acquisition Corp.), Underwriting Agreement (Vision Sensing Acquisition Corp.), Underwriting Agreement (Plutonian Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Public Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 207 contracts
Samples: Underwriting Agreement (RF Acquisition Corp II), Underwriting Agreement (GigCapital5, Inc.), Underwriting Agreement (PENSARE ACQUISITION Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 84 contracts
Samples: Tomotherapy Incorporated (TomoTherapy Inc), Selective Insurance (Selective Insurance Group Inc), Underwriting Agreement (Government Properties Income Trust)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “"investment company” " under the Investment Company Act of 1940, as amended (the "1940 Act").
Appears in 38 contracts
Samples: Purchase Agreement (Interactive Health, Inc.), Stock Purchase Agreement (Theravance Inc), Stock Purchase Agreement (Jamdat Mobile Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 32 contracts
Samples: Underwriting Agreement (COMMITTED CAPITAL ACQUISITION Corp), Underwriting Agreement (GSME Acquisition Partners I), Underwriting Agreement (Infinity Cross Border Acquisition Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 31 contracts
Samples: Underwriting Agreement (Dekania Corp.), Purchase Agreement (Orix Corp), Underwriting Agreement (Government Properties Income Trust)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an a “registered management investment company” under the Investment Company 1940 Act.
Appears in 27 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an a “registered management investment company” under the Investment Company 1940 Act.
Appears in 24 contracts
Samples: Terms Agreement (Ares Capital Corp), Purchase Agreement (Firsthand Technology Value Fund, Inc.), Equity Distribution Agreement (Ares Capital Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Underwritten Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an a “registered management investment company” under the Investment Company 1940 Act.
Appears in 24 contracts
Samples: Administration Agreement (Ares Capital Corp), Administration Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of (i) the Public Securities, the Placement Securities and the Founder Shares as herein contemplated and the application of the net proceeds therefrom, or (ii) the Securities as herein contemplated and the application of the net proceeds therefrom therefrom, in each case, as described in the Sale Preliminary Prospectus and IPO Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (“Investment Company Act”).
Appears in 18 contracts
Samples: Underwriting Agreement (B. Riley Principal Merger Corp.), Underwriting Agreement (B. Riley Principal Merger Corp.), Underwriting Agreement (B. Riley Principal 150 Merger Corp.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 17 contracts
Samples: Terms Agreement (Sientra, Inc.), Terms Agreement (Ascent Solar Technologies, Inc.), Terms Agreement (Inovio Pharmaceuticals, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 17 contracts
Samples: Underwriting Agreement (TreeHouse Foods, Inc.), Common Stock (DZS Inc.), Underwriting Agreement (TreeHouse Foods, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company ActAct of 1940, as amended.
Appears in 16 contracts
Samples: Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/), Terms Agreement (Momenta Pharmaceuticals Inc)
Investment Company Act. The Company is not requiredrequired and, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, will not be required, required to register as an “investment company” under as such term is used in the Investment Company 1940 Act.
Appears in 10 contracts
Samples: Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 10 contracts
Samples: Purchase Agreement (TreeHouse Foods, Inc.), Underwriting Agreement (Wintrust Financial Corp), Underwriting Agreement (United Community Banks Inc)
Investment Company Act. The Company is not requiredrequired and, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, will not be required, required to register as an a “management investment company” under the Investment Company 1940 Act.
Appears in 10 contracts
Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an a “management investment company” under the Investment Company 1940 Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (TCG Bdc, Inc.), Underwriting Agreement (TCG Bdc, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Placement Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 7 contracts
Samples: Sales Agreement (Rani Therapeutics Holdings, Inc.), Sales Agreement (Avinger Inc), Adicet Bio, Inc.
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 7 contracts
Samples: Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co), Underwriting Agreement (SM Energy Co)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as contemplated herein contemplated and the application of the net proceeds therefrom thereof as described contemplated in the Sale Preliminary Prospectus Disclosure Package and the Prospectus will not be required, to register as an “investment company” under or an entity “controlled” by an “investment company” as such terms are defined in the Investment Company ActAct of 1940, as amended.
Appears in 7 contracts
Samples: Nevada Power Company (Sierra Pacific Resources /Nv/), Purchase Agreement (Nv Energy, Inc.), Purchase Agreement (Nevada Power Co)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Alchemy Investments Acquisition Corp 1), Warrant Agreement (Spark I Acquisition Corp), Underwriting Agreement (Alchemy Investments Acquisition Corp 1)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as as, an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 6 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 6 contracts
Samples: Common Stock (Home Properties Inc), Terms Agreement (Home Properties Inc), Equity Offeringsm Sales Agreement (Home Properties Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom herefrom as described in the Sale Preliminary Statutory Prospectus and Prospectus or the Prospectus, will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 6 contracts
Samples: Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc), Underwriting Agreement (Biomarin Pharmaceutical Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “a "registered management investment company” " under the Investment Company 1940 Act.
Appears in 5 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Stock Purchase Agreement (Ares Capital Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “"investment company” " under the Investment Company Act of 1940, as amended (the "1940 Act").
Appears in 5 contracts
Samples: Navitas International CORP, Navitas International CORP, Navitas International CORP
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Offered Shares as herein contemplated and the application of the net proceeds therefrom as described in the Time of Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” within the meaning of such term under the Investment Company ActAct of 1940, as amended, and the rules and regulations of the Commission promulgated thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Gulfport Energy Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 5 contracts
Samples: Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.), Terms Agreement (Cue Biopharma, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Statutory Prospectus and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 4 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated hereby and the application of the net proceeds therefrom as described in the Time of Sale Preliminary Prospectus and Prospectus the Prospectus, will not be required, to register as an “investment company” under the U.S. Investment Company ActAct of 1940, as amended.
Appears in 4 contracts
Samples: Mitsubishi Ufj Financial Group Inc, Mitsubishi Ufj Financial Group Inc, Mitsubishi Ufj Financial Group Inc
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 4 contracts
Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Pennymac Mortgage Investment Trust (PennyMac Mortgage Investment Trust)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Underwritten Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “a "registered management investment company” " under the Investment Company 1940 Act.
Appears in 4 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”), and is not a “pool” as defined in Rule 4.10(d)(1) under the Commodity Exchange Act, as amended (the “Commodities Laws”).
Appears in 4 contracts
Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the offered Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 4 contracts
Samples: Purchase Agreement (Mylan Laboratories Inc), Purchase Agreement (Mylan Inc.), Purchase Agreement (Mylan Laboratories Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “"investment company” " under the Investment Company Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Tiberius Acquisition Corp), Underwriting Agreement (Arbor Rapha Capital Bioholdings Corp. I), Underwriting Agreement (Allegro Merger Corp.)
Investment Company Act. The Company is not required, and upon after giving effect to the issuance offering and sale of the Securities Shares as contemplated herein contemplated or in any Terms Agreement and the application of the net proceeds Net Proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, as amended or supplemented, if applicable, will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 3 contracts
Samples: Sales Agreement (Crown Castle International Corp), Sales Agreement (Crown Castle International Corp), Terms Agreement (Crown Castle International Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Investor Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Banc of California, Inc.), Securities Purchase Agreement (Banc of California, Inc.), Securities Purchase Agreement (Banc of California, Inc.)
Investment Company Act. The Company is not requiredrequired and, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, will not be required, required to register as an a “management investment company” under the Investment Company 1940 Act.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Goldman Sachs BDC, Inc.), Distribution Agreement (Goldman Sachs BDC, Inc.), Distribution Agreement (Goldman Sachs BDC, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as contemplated herein contemplated and in the Purchase Agreement and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 3 contracts
Samples: Underwriting Agreement (C5 Acquisition Corp), Underwriting Agreement (C5 Acquisition Corp), Underwriting Agreement (C5 Acquisition Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 3 contracts
Samples: Open Market Sale (Senseonics Holdings, Inc.), Senseonics, Inc, Tarsus Pharmaceuticals, Inc.
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as as, an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)
Investment Company Act. The Company is not requiredrequired to, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be requiredrequired to, to register as an “"investment company” " under the Investment Company Act of 1940, as amended (the "1940 Act").
Appears in 2 contracts
Samples: Purchase Agreement (Lodgian Inc), Lodgian Inc
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and Prospectus the Prospectus, will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Core Laboratories N V), Equity Distribution Agreement (Core Laboratories N V)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Lucid Group, Inc.), Galera Therapeutics, Inc.
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 2 contracts
Samples: Underwriting Agreement (Endurance Acquisition Corp.), Underwriting Agreement (Endurance Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as contemplated herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 2 contracts
Samples: Sales Agreement (Ascendis Pharma a/S), Ascendis Pharma a/S
Investment Company Act. The Company is not required, and upon the issuance and sale of the Public Securities and Private Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Longevity Acquisition Corp), Underwriting Agreement (Longevity Acquisition Corp)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Placement Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 2 contracts
Samples: Sales Agreement (RAPT Therapeutics, Inc.), Tyra Biosciences, Inc.
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 2 contracts
Samples: Underwriting Agreement (JVSPAC Acquisition Corp.), Underwriting Agreement (JVSPAC Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the allotment and issuance and sale of the Securities Underlying Shares and the deposit with the Custodian or its nominee of the Underlying Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 2 contracts
Samples: NuCana PLC, Mereo Biopharma Group PLC
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company 1940 Act.
Appears in 2 contracts
Samples: Purchase Agreement (Cohen & Steers Inc), Purchase Agreement (Cohen & Steers Inc)
Investment Company Act. The Company is not requiredrequired and, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, will not be required, required to register as an “investment company” under as such term is used in the Investment Company 1940 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (PennantPark Floating Rate Capital Ltd.), Underwriting Agreement (PennantPark Floating Rate Capital Ltd.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Statutory Prospectus and the Prospectus will not be required, to register as an “"investment company” " under the Investment Company Act of 1940, as amended (the "1940 Act").
Appears in 2 contracts
Samples: Purchase Agreement (National Energy Resources Acquisition CO), Purchase Agreement (National Energy Resources Acquisition CO)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Offered Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: Underwriting Agreement (Orexigen Therapeutics, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom herefrom as described in the Sale Preliminary Statutory Prospectus and Prospectus or the Prospectus, will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Placement Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: RAPT Therapeutics, Inc.
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Offered Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “"investment company” " under the Investment Company 1940 Act.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the immediate application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, required to register as an “investment company” under the Investment Company Act.an
Appears in 1 contract
Samples: Sierra Pacific Resources /Nv/
Investment Company Act. The Company is not required, and upon the issuance and sale of the Public Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.. Roth Xxxital Partners, LLC _________, 2021
Appears in 1 contract
Samples: Underwriting Agreement (Chavant Capital Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds Net Proceeds (as defined in Section 2(d)) therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “1940 Act.”). ACTIVE/112182650.6 ACTIVEUS 190056073v.6
Appears in 1 contract
Investment Company Act. The Company Comply is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.
Appears in 1 contract
Samples: Underwriting Agreement (Industrial Human Capital, Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Pricing Disclosure Package and the Prospectus will not be required, to register as as, an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Final Prospectus will not be required, to register seek an order permitting registration as an “"investment company” " under the United States Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (North American Palladium LTD)
Investment Company Act. The Company is not required, and upon the issuance and sale of the offered Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “"investment company” " under the Investment Company Act.Act of 1940, as amended (the "1940 ACT")
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under nor will it be an entity “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: Purchase Agreement (Boston Private Financial Holdings Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as contemplated herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.. {00976800.DOCX.19} 18
Appears in 1 contract
Samples: Underwriting Agreement (Insight Acquisition Corp. /DE)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “"investment company” " under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Time of Sale Preliminary Prospectus and Prospectus will not be required, to register as an “"investment company” " within the meaning of such term under the Investment Company ActAct of 1940, as amended, and the rules and regulations of the Commission promulgated thereunder.
Appears in 1 contract
Samples: Synergy Resources Corp
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and as contemplated in the Concurrent Debt Offering and the application of the net proceeds herefrom and therefrom as described in the Sale Preliminary Statutory Prospectus and Prospectus or the Prospectus, will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Investment Company Act. The Company is not required, and (i) upon the issuance offer and sale of the Securities Shares as contemplated herein contemplated and (ii) the offer, sale and delivery of Shares upon settlement of the Forward Sale Agreement and any Additional Forward Sale Agreement and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement, the General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
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Investment Company Act. The Company is not required, and upon after giving effect to the issuance offering and sale of the Securities Shares as contemplated herein contemplated or in any Terms Agreement and the application of the net proceeds Net Proceeds (as defined below) therefrom as described in the Sale Preliminary Prospectus and Prospectus Prospectus, as amended or supplemented, if applicable, will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Terms Agreement (Crown Castle Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of (i) the Public Securities, the Placement Securities and the Founder Shares as herein contemplated and the application of the net proceeds therefrom, or (ii) the Securities as herein contemplated and the application of the net proceeds therefrom therefrom, in each case, as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (“Investment Company Act”).
Appears in 1 contract
Samples: Underwriting Agreement (CF Finance Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the issuance of the Rights and the issuance and sale of the Securities as herein contemplated pursuant to the terms of the Rights Offering and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “a "registered management investment company” " under the Investment Company 1940 Act.
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Public Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.. Xxxx Capital Partners, LLC _________, 2021
Appears in 1 contract
Samples: Underwriting Agreement (Sportsmap Tech Acquisition Corp.)
Investment Company Act. The Company is not required, and immediately upon the issuance and sale of the Securities Placement Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated Shares upon exercise of the Rights and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement, the Offering Materials and the Prospectus will not be required, to register as an “investment company” or an entity “controlled” by an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
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Samples: Liberty Media Corp
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Primary Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (DZS Inc.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under within the meaning of the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and as contemplated in the Concurrent Stock Offering and the application of the net proceeds herefrom and therefrom as described in the Sale Preliminary Statutory Prospectus and Prospectus or the Prospectus, will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Final Prospectus will not be required, to register seek an order permitting registration as an “investment company” under the United States Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (North American Palladium LTD)
Investment Company Act. The Company is not required, and upon the sale of the Initial Securities and the issuance and sale of the Option Securities as herein contemplated and the application by the Company of the net proceeds therefrom from the issuance and sale of the Option Securities as described in the Sale Preliminary Prospectus General Disclosure Package and Prospectus the prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Depositary Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Notes as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (Government Properties Income Trust)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Placement Shares as herein contemplated and the application of the net proceeds Net Proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 1 contract
Investment Company Act. The Company is not required, and upon the issuance offering and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
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Investment Company Act. The Company is not required, and and, upon the issuance and sale of the Securities as herein contemplated contemplated, the issuance and sale of the Mandatory Convertible Preferred Stock in the Mandatory Convertible Preferred Stock Offering and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus General Disclosure Package and Prospectus the Prospectus, will not be required, to register as as, an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: Danaher Corp /De/
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in any preliminary prospectus and the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: Purchase Agreement (Golfsmith International Holdings Inc)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Public Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus will not be required, to register as an “investment company” under the Investment Company Act.. Xxxx Capital Partners, LLC October 18, 2021 Page 18 of 45
Appears in 1 contract
Samples: Underwriting Agreement (Sportsmap Tech Acquisition Corp.)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Notes as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Disclosure Package and the Prospectus will not be required, to register as an “investment company” under the U.S. Investment Company ActAct of 1940, as amended.
Appears in 1 contract
Samples: Underwriting Agreement (Takeda Pharmaceutical Co LTD)
Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities Shares as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 1 contract
Samples: CureVac N.V.
Investment Company Act. The Company is not requiredrequired to, and upon the issuance and sale of the Securities to the Agents as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus and Prospectus under the caption “Use of Proceeds,” the Company will not be requiredrequired to, to register as an “investment company” under as such term is defined in the Investment Company Act.
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Investment Company Act. The Company is not required, and upon the issuance and sale of the Securities as herein contemplated and the application of the net proceeds therefrom as described in the Sale Preliminary Prospectus Registration Statement and the Prospectus will not be required, to register as an “investment company” under the Investment Company ActAct of 1940, as amended.
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