Company Not an “Investment Company. The Company is not, and will not be, after giving effect to the Exchange Offer, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 3 contracts
Samples: Dealer Manager and Solicitation Agent Agreement (Concrete Pumping Holdings, Inc.), Dealer Manager and Solicitation Agent Agreement (Waitr Holdings Inc.), Dealer Manager Agreement (MedQuist Holdings Inc.)
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Shares and the application of the proceeds thereof as described in the Prospectus, will not be an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.
Appears in 3 contracts
Samples: Open Market Sale (Translate Bio, Inc.), Open Market Sale (CRISPR Therapeutics AG), CRISPR Therapeutics AG
Company Not an “Investment Company. The Company is not, and after receipt of payment for the Placement Shares will not be, after giving effect to the Exchange Offer, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.
Appears in 2 contracts
Samples: Sales Agreement (Immune Design Corp.), Sales Agreement (Syndax Pharmaceuticals Inc)
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Shares and the application of the proceeds thereof as described in the Prospectus, will not be an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 2 contracts
Samples: Zymeworks BC Inc., Zymeworks Inc.
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and the sale of the Common Shares and the application of the proceeds thereof as described in the Disclosure Package and the Prospectus, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Company Not an “Investment Company. The Company is not, and will not be, after giving effect to the Exchange OfferTransactions, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)) and will conduct its business in a manner so that it will not become subject to the Investment Company Act.
Appears in 2 contracts
Samples: Credit Agreement (Chaparral Steel CO), Texas Industries Inc
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Offered Shares as contemplated herein and the application of the net proceeds therefrom, as described in the Pricing Prospectus, will not be an “investment company” within the meaning of ”, as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 1 contract
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Offered 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 (the “Investment Company Act”).
Appears in 1 contract
Samples: Aastrom Biosciences Inc
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Securities as contemplated herein and the application of the net proceeds therefrom, as described in the Pricing Prospectus, will not be an “investment company” within the meaning of ”, as such term is defined in the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 1 contract
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and the sale of the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, an “"investment company” " within the meaning of the Investment Company Act of 1940, as amended (the “"Investment Company Act”").
Appears in 1 contract
Samples: Underwriting Agreement (Ev3 Inc.)
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and sale of the Securities 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 (the “Investment Company Act”).
Appears in 1 contract
Samples: Open Market Sale (Augmedix, Inc.)
Company Not an “Investment Company. The Company is not, and after receipt of payment for the Offered Shares will not be, after giving effect to the Exchange Offer, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 1 contract
Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.)
Company Not an “Investment Company. The Company is not, and after receipt of payment for the Notes, will not be, after giving effect to the Exchange Offer, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.
Appears in 1 contract
Company Not an “Investment Company. The Company is not, and immediately after the Exchange will not be, after giving effect to the Exchange Offer, an “investment company” or an entity “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.
Appears in 1 contract
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering and the sale of the Common Shares and the application of the proceeds thereof as described in the Prospectus, will not be, an “investment company” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).
Appears in 1 contract
Samples: Underwriting Agreement (Ev3 Inc.)
Company Not an “Investment Company. The Company is not, and will not beand, after giving effect to the Exchange Offeroffering 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 (the “Investment Company Act”).
Appears in 1 contract
