Investment Company. Neither the Company nor any Affiliate of the Company is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 177 contracts
Samples: Subscription Agreement (Car Charging Group, Inc.), Subscription Agreement (Mass Hysteria Entertainment Company, Inc.), Subscription Agreement (Clearview Acquisitions, Inc.)
Investment Company. Neither the Company nor any Affiliate of the The Company is not, and is not an Affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 170 contracts
Samples: Securities Purchase Agreement (Neutron Enterprises Inc), Securities Purchase Agreement (Oxigene Inc), Securities Purchase Agreement (Grant Ventures Inc)
Investment Company. Neither the Company nor any Affiliate of the The Company is not, and is not an “Affiliate of, an "investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 164 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Common Stock Purchase Agreement (Digital Angel Corp), Document Securities Purchase Agreement (Avi Biopharma Inc)
Investment Company. Neither the Company nor any Affiliate of the Company is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 94 contracts
Samples: Subscription Agreement (Voip Inc), Subscription Agreement (Oxford Media, Inc.), Subscription Agreement (Conspiracy Entertainment Holdings Inc)
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 43 contracts
Samples: Security Agreement (BioElectronics Corp), Subscription Agreement (Ceragenix Pharmaceuticals, Inc.), Subscription Agreement (Coffee Pacifica Inc)
Investment Company. Neither the Company nor any Affiliate of Person controlling the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 10 contracts
Samples: Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Credit Facility Agreement (Z Tel Technologies Inc), Stock and Warrant Purchase Agreement (Z Tel Technologies Inc)
Investment Company. Neither the Company nor any Affiliate of the Company its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Isco Inc), Shareholder Agreement (Bolt Technology Corp), Shareholder Agreement (Teledyne Technologies Inc)
Investment Company. Neither the Company nor any Affiliate of the Company subsidiaries is or acts as the principal investment adviser to an “investment company” within the meaning of as defined under the Investment Company Act of 1940, as amended, and neither the Company nor the Bank sponsors any person that is such an investment company.
Appears in 7 contracts
Samples: Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp)
Investment Company. Neither the Company nor any Affiliate None of the Company or any of its Subsidiaries is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Ocwen Financial Corp), Agreement and Plan of Merger (Ocwen Financial Corp), Agreement and Plan of Merger (Virtu Financial, Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 5 contracts
Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Aethlon Medical Inc), Subscription Agreement (Aethlon Medical Inc)
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Subscription Agreement (Enigma Software Group, Inc), Subscription Agreement (Eagle Broadband Inc), Subscription Agreement (Eagle Broadband Inc)
Investment Company. Neither the Company nor any Affiliate of the Company its subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bellwether Exploration Co), Securities Purchase Agreement (Pease Oil & Gas Co /Co/), Agreement and Plan of Merger (Garan Inc)
Investment Company. Neither the Company nor any Affiliate of the Company its Subsidiaries is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Teledyne Technologies Inc), Subscription Agreement (Techedge Inc), Subscription Agreement (Techedge Inc)
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment ------------------- company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Subscription Agreement (Simplagene Usa Inc), Subscription Agreement (Walker Financial Corp), Subscription Agreement (Locateplus Holdings Corp)
Investment Company. Neither the Company nor any Affiliate of the Company subsidiary is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Share Exchange Agreement (New America Energy Corp.), Share Exchange Agreement (Yuenglings Ice Cream Corp), Share Exchange Agreement (Yuenglings Ice Cream Corp)
Investment Company. Neither the Company Borrower nor any Affiliate of the Company affiliate is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Note Exchange Agreement (Coconnect Inc), Advisory Services Agreement (Coconnect Inc), Debt Exchange Agreement (Coconnect Inc)
Investment Company. Neither the Company nor any Affiliate None of the Company Companies or any of their Subsidiaries is, or is an affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company its affiliates is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Purchase and Asset Acquisition Agreement (EnerJex Resources, Inc.)
Investment Company. Neither the Company nor any Affiliate None of the Company or any of its Subsidiaries is an “investment company” Investment Company”, within the meaning of the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Precision Aerospace Components, Inc.), Stock Purchase Agreement (STR Holdings, Inc.)
Investment Company. Neither the Company nor any Affiliate None of the Company Companies is, or is an “affiliate of, an "investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Aircraft Solutions, Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.. (x)
Appears in 1 contract
Samples: Subscription Agreement (Voip Inc)
Investment Company. Neither the Company nor any Affiliate of the Company is an “investment company” within the meaning of the Investment Company Act of 1940, as 12/2/2008, 1:59 PM amended.
Appears in 1 contract
Investment Company. Neither the Company nor any Affiliate of the Company is an “------------------ "investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company. Neither the Company nor any Affiliate of the Company affiliate is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tactical Air Defense Services, Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company its Subsidiaries is, or is an affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Atlas Technology Group, Inc.)
Investment Company. Neither the Company nor any Affiliate of Person controlling the Company is an “investment company” "Investment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Precision Standard Inc)
Investment Company. Neither the Company nor any Subsidiary is, and neither one of them are an Affiliate of the Company is of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company. Neither the Company Corporation nor any Affiliate of the Company affiliate is an “investment company” within the meaning of the Investment Company Corporation Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sunwin International Neutraceuticals, Inc.)
Investment Company. Neither the Company nor any Affiliate None of the Company Companies or Subsidiaries is, or is an affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Merge Healthcare Inc)
Investment Company. Neither the Company nor any Affiliate of the The Company is not, nor is any of its Affiliates, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company. Neither the Company nor any Affiliate of the Company is an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Patient Portal Technologies, Inc.
Investment Company. Neither the Company Company, the Operating Partnership nor any Affiliate of the Company Subsidiaries is an “"investment company” within the meaning of " as defined under the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Execution Copy Securities Purchase and Exchange Agreement (Prime Group Realty Trust)
Investment Company. Neither the Company nor any Affiliate of the Company affiliate is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.. _____Company (k)
Appears in 1 contract
Samples: Securities Purchase Agreement (Tactical Air Defense Services, Inc.)
Investment Company. Neither the Company Company, nor to the knowledge of the Company, any Affiliate of the Company is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Subscription Agreement (Jerrick Media Holdings, Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company is its Subsidiaries are, or are an affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Investment Company. Neither the Company nor any Affiliate of the Company its affiliates is an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (EnerJex Resources, Inc.)
Investment Company. Neither the Company nor any Affiliate of the Company is an “------------------- "investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
