Examples of Xxxxxxx Rule in a sentence
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 Xxxxxxx Rule.
If you are a Banking Entity, you acknowledge, represent and warrant that you are acquiring your Fund Interests in reliance on an available exclusion or exemption under the Xxxxxxx Rule and you have complied with all conditions of such exclusion or exemption.
In determining that Seller is not a “covered fund” under the Xxxxxxx Rule, Seller is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act and may also rely on other exemptions under the Investment Company Act.
In determining that the Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller relies on, and is entitled to rely on, the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.
To the Borrower’s knowledge, the transactions contemplated by this Agreement and the other Facility Documents do not result in the Administrative Agent or the Lenders holding an “ownership interest” in a “covered fund” for purposes of the Xxxxxxx Rule.