0000 Xxx. The term “1934 Act” shall mean the United States Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated from time to time thereunder.
0000 Xxx. If and to the extent that any provision of the MGCL or any provision of the Articles of Incorporation or these Bylaws conflicts with any provision of the 1940 Act, the applicable provision of the 1940 Act shall control; provided, however, that such conflict shall not affect any of the remaining provisions of these Bylaws or the Articles of Incorporation or render invalid or improper any action taken or omitted prior to such determination.
0000 Xxx. The Borrower is not required to register as an “investment company” within the meaning of the 1940 Act.
0000 Xxx. The Note Issuer is not and, after giving effect to the offering and sale of the Notes and the application of the net proceeds thereof as described in the Registration Statement, will not be, a "holding company," as such term is defined in the 1935 Act.
0000 Xxx. Location and Sphere of Influence • The area proposed is outside the City of Santa Maria’s city limits and sphere of influence (SOI). Less than one mile. • The existing city water main runs adjacent to the site in Betteravia Road. In addition, fire service is already provided to the site by County Fire. • GC Section 56133(c) allows service outside a SOI to respond to an existing or impending threat to the public health and safety if both of the following are met:
0000 Xxx. The Company shall not, nor shall it permit any of its Subsidiaries to, engage in any activities which would cause a change in its status, or that of its Subsidiaries, under the 1935 Act. (n)
0000 Xxx. For fiscal year 2018, you will be granted a restricted stock unit award (“RSU”) as promptly as practicable following the Effective Date with a targeted value of $500,000 on the date of grant, as determined by the Board, with vesting to be based such service and performance conditions as determined by the Board that are generally consistent with the LTIP incentive grants made to other senior management of the Company.
0000 Xxx. The term “1934 Act” shall have the meaning set forth in Section 6.18 hereof.
