No Investment Company. The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Himalaya Technologies, Inc), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (Grover Vikram P)
No Investment Company. The Company is not (i) an “investment company” within the meaning as defined in Section 3 of the Investment Company Act of 19401940 (the “Investment Company Act”), as amendedor (ii) excluded from the definition of an “investment company” pursuant to Sections 3(b) or 3(c) of the Investment Company Act.
Appears in 5 contracts
Samples: Preferred Stock Subscription Agreement, Flash Cf Preferred Stock Subscription Agreement, Flash Convertible Security Subscription Agreement
No Investment Company. The Company is not an “"investment company” " or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Pride International Inc), Securities Purchase Agreement (First Reserve Corp /Ct/ /Adv), Shareholders Agreement (Pride International Inc)
No Investment Company. The Company is not an “investment company,” within the meaning of or a company “controlled” by an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Note Purchase Agreement (Pw Eagle Inc), Note Purchase Agreement (Pw Eagle Inc)
No Investment Company. The Company is not an “"investment company” within the meaning of " or a Company "controlled" by an "investment company" as such terms are defined in the Investment Company Act of 194019409, as amended, which is required to register thereunder.
Appears in 2 contracts
Samples: Credit Facility and Security Agreement (Dynamic Materials Corp), Credit Facility and Security Agreement (Dynamic Materials Corp)
No Investment Company. The Company is not and, after giving effect to the offering and sale of the Shares and the application of the proceeds thereof, will not be an “investment company,” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
No Investment Company. The Company is not an “investment company” within the meaning of or a company “controlled” by an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
No Investment Company. The Company It is not an “investment company” "Investment Company" or a company "controlled by" an "Investment Company" within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Agreement and Plan of Consolidation (Southern Michigan Bancorp Inc)
No Investment Company. The Company is not an “"investment company” within the meaning of " or a Company "controlled' by an "investment company" as such terms are defined in the Investment Company Act of 1940, as amended, which is required to register thereunder.
Appears in 1 contract
Samples: Credit Facility and Security Agreement (Dynamic Materials Corp)
No Investment Company. The Company is not required to be registered as an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
No Investment Company. The Company is not required to be registered as an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Eagle Bulk Shipping Inc.)
No Investment Company. The Company is not, and immediately after receipt of payment for the Shares, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)
No Investment Company. The Company is not an “investment company” within subject to the meaning of registration requirements of, or regulation as an investment company under, the Investment Company Act of 1940, as amended.
Appears in 1 contract
