Registered Investment Company. Each currently registered Domestic Borrower will maintain its status as an investment company or a series or portfolio of an investment company registered under the 1940 Act. Each Cayman Borrower shall will maintain its status as a Mutual Fund registered as such under Section 4(3) of the Mutual Fund Law, as amended, of the Cayman Islands.
Registered Investment Company. Borrower (a) is a Registered Investment Company under the Investment Company Act of 1940, as amended (the "1940 ACT"); (b) has no class of senior securities (as defined in Section 18(g) of the 0000 Xxx) outstanding; and (c) complies with the asset coverage requirements of Section 18 of the 1940 Act applicable to the Loans. The Loans requested and made under this Agreement do not violate any restrictions imposed on Borrower pursuant to the 1940 Act or any regulations promulgated thereunder.
Registered Investment Company. The Company filed a Form N-8A – Notification of Registration Filed Pursuant to Section 8(a) of the Investment Company Act of 1940 (the “Notification of Registration”) with the Commission, pursuant to which the Company registered under the Investment Company Act. Except as otherwise provided for in this Agreement, the Company will not withdraw such Notification of Registration or take any action to cause the Commission to order such Notification of Registration to be withdrawn. Such Notification of Registration, when filed with the Commission (i) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the Investment Company Act and (ii) did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein not misleading. The Company will use its best efforts to maintain its status as a registered investment company; provided, however, the Company may change the nature of its business so as to cease to be a registered investment company under the Investment Company Act.
Registered Investment Company. Each Portfolio's performance of its obligations pursuant to this Agreement, including, without limitation, the purchase, exchange and redemption of Shares, shall be subject to applicable law, including the Investment Company Act of 1940, the terms and conditions set forth in each Portfolio's Prospectus and each Fund's and Portfolio's organizational documents. In no way will the provisions of this Agreement limit the authority of the Funds or any Portfolio to take such lawful action as each of them may deem appropriate or advisable in connection with all matters relating to the operation of the Funds or any Portfolio and the sale of the Shares.
Registered Investment Company. (a) The Investment Company is, and at all times since January 1, 1995 has been, duly registered with the SEC as an investment company under the Investment Company Act and has been duly organized, and is validly existing and in good standing under the laws of the jurisdiction of its organization and has the requisite power and authority to carry on its business as it is now being conducted.