1940 Act Compliance. The Company is an "eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Universal Automotive Industries Inc /De/), Debenture Purchase Agreement (Altris Software Inc)
1940 Act Compliance. The Company is an "eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act")amended, and the issuance and sale by the Company of the Debentures does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 2 contracts
Samples: Debenture Purchase Agreement (Teltronics Inc), Debenture Purchase Agreement (Cover All Technologies Inc)
1940 Act Compliance. The Company is an "" eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures Convertible Preferred Stock does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Vista Information Solutions Inc), Convertible Preferred Stock Purchase Agreement (Altris Software Inc)
1940 Act Compliance. The Company is an "eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures Preferred Stock does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Environmental Tectonics Corp)
1940 Act Compliance. The Company is an "eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures Series B Preferred Stock does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Teltronics Inc)
1940 Act Compliance. The Company is an "eligible portfolio ------------------- company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures Class B Preferred Stock does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 1 contract
1940 Act Compliance. The Company is an "eligible portfolio company" as such term is defined in Section 2(a)(46) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), and the issuance and sale by the Company of the Debentures and the Warrant does not constitute a "public offering" as such term is used in Section 55(a)(1) thereof.
Appears in 1 contract
