▇▇▇▇▇▇▇ Rule Sample Clauses

▇▇▇▇▇▇▇ Rule. The Trust is structured not to be a “covered fund” under the regulations adopted to implement Section 619 of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act, commonly known as the “▇▇▇▇▇▇▇ Rule.”

▇▇▇▇▇▇▇ Rule. The transactions contemplated by this Agreement and the other Facility Documents do not result in any Lender or the Administrative Agent holding an “ownership interest” in a “covered fund” for purposes of the ▇▇▇▇▇▇▇ Rule.

▇▇▇▇▇▇▇ Rule. To the best of the Borrower’s knowledge and belief, the Advances do not constitute an “ownership interest” in the Borrower for purposes of the ▇▇▇▇▇▇▇ Rule.

▇▇▇▇▇▇▇ Rule. The Issuing Entity is not, and solely after giving effect to the offering and sale of the Notes and the application of the proceeds thereof will not be, a “covered fund” for purposes of regulations adopted under Section 13 of the Bank Holding Company Act of 1956, as amended, commonly known as the “▇▇▇▇▇▇▇ Rule”; and

▇▇▇▇▇▇▇ Rule. An opinion that the Issuer is not a “covered fund” for purposes of the ▇▇▇▇▇▇▇ Rule, based on its current interpretations.

▇▇▇▇▇▇▇ Rule. Based on the advice of counsel, the Advances do not constitute an “ownership interest” in the Borrower for purposes of the ▇▇▇▇▇▇▇ Rule.

▇▇▇▇▇▇▇ Rule. The Issuer is not now, and immediately following the issuance of the Notes and the application of the proceeds thereof will not be, a “covered fund” for purposes of the regulations adopted under Section 13 of the Bank Holding Company Act of 1956, as amended, commonly known as the “▇▇▇▇▇▇▇ Rule”. In reaching this conclusion, the Issuer has relied primarily on the determination that (i) the Issuer may rely on the exclusion from the definition of “investment company” set forth in Rule 3a-7 under the Investment Company Act of 1940, as amended (the “Investment Company Act”), and accordingly, (ii) the Issuer may rely on the exclusion from the definition of a “covered fund” under the ▇▇▇▇▇▇▇ Rule of an issuer that may rely on an exclusion or exemption from the definition of “investment company” under the Investment Company Act other than the exclusions contained in Sections 3(c)(1) and 3(c)(7) of that Act.

▇▇▇▇▇▇▇ Rule. The Subscriber hereby represents and warrants to the General Partner and the Partnership that the Subscriber is not a “banking entity” as such term is defined under Section 619 of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act (the “▇▇▇▇▇▇▇ Rule”) or qualifies for an exclusion, an exemption and or other relief under the ▇▇▇▇▇▇▇ Rule with respect to the ownership of interests in the Partnership, based on the currently available published regulatory guidance, including the joint notice of final rulemaking issued on December 10, 2013 with respect to the ▇▇▇▇▇▇▇ Rule. The Subscriber agrees that it shall not be entitled to deliver an Opinion of Limited Partner’s Counsel to the effect that it has a Limited Partner Regulatory Problem under Section 6.7 of the Partnership Agreement, if the Subscriber at any time fails to qualify for an exclusion, an exemption and/or other relief under the ▇▇▇▇▇▇▇ Rule.

▇▇▇▇▇▇▇ Rule. Boston Private and its Subsidiaries do not engage in “proprietary trading” (as defined in 12 U.S.C. § 1851 and the regulations promulgated by the Federal Reserve Board in connection therewith (the “▇▇▇▇▇▇▇ Rule”)) or hold any ownership interest in or sponsor any “covered fund” (as defined in the ▇▇▇▇▇▇▇ Rule).