Common use of Company Not an “Investment Company Clause in Contracts

Company Not an “Investment Company. The Company is not required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 24 contracts

Samples: Underwriting Agreement (Global Ship Lease, Inc.), Underwriting Agreement (Holley Inc.), Underwriting Agreement (Grindrod Shipping Holdings Ltd.)

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Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Traws Pharma, Inc.), Securities Purchase Agreement (Spyre Therapeutics, Inc.), Securities Purchase Agreement (Cogent Biosciences, Inc.)

Company Not an “Investment Company. The Company has been advised of the Investment Company Act of 1940, as amended, including the rules and regulations of the Commission thereunder (the “Investment Company Act”). The Company is not required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 4 contracts

Samples: Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (GE HealthCare Technologies Inc.)

Company Not an “Investment Company. The Company is not, and after receipt of payment for the Placement Shares will not be, required to register as an “investment company” under within the meaning of Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 4 contracts

Samples: Stock Sales Agreement (Macrogenics Inc), Sales Agreement (Macrogenics Inc), Common Stock (Macrogenics Inc)

Company Not an “Investment Company. The Company is not, and after receipt of payment for the Placement Shares will not required to register as be, an “investment company” under within the meaning of Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 3 contracts

Samples: Stock Sales Agreement (Corindus Vascular Robotics, Inc.), Sales Agreement (CONTRAFECT Corp), Common Stock (BIND Therapeutics, Inc)

Company Not an “Investment Company. The Company is not, and after giving effect to the transactions contemplated hereby will not be, required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended amended, and the rules and regulations promulgated thereunder (the “Investment Company Act”).

Appears in 3 contracts

Samples: Underwriting Agreement (Intercontinental Exchange, Inc.), Intercontinental Exchange, Inc., Intercontinental Exchange, Inc.

Company Not an “Investment Company. The Company is not, and will not be, after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kura Oncology, Inc.), Securities Purchase Agreement (Tempest Therapeutics, Inc.)

Company Not an “Investment Company. The Company is not, and after giving effect to the offering and issuance of the Securities and the application of the proceeds thereof will not be required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended amended, and the rules and regulations of the Commission promulgated thereunder (the “Investment Company Act”).

Appears in 2 contracts

Samples: Aes Corp, Aes Corp

Company Not an “Investment Company. The Company is not required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (amended, and the “Investment Company Act”)rules and regulations thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Assurant Inc)

Company Not an “Investment Company. The Company is not required to register as an “investment company” under or an entity “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended amended, and the rules and regulations of the Commission thereunder (collectively, the “Investment Company Act”).

Appears in 1 contract

Samples: Lock Up Agreement (Avalonbay Communities Inc)

Company Not an “Investment Company. The Neither the Company nor any of its subsidiaries is not or, after receipt of payment for the Shares, will become required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Sales Agreement (Revance Therapeutics, Inc.)

Company Not an “Investment Company. The Company is not, and, after receipt of payment for the Securities will not be required to register as as, an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (including the “Investment Company Act”rules and regulations of the Commission promulgated thereunder).

Appears in 1 contract

Samples: Amsurg Corp

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Shares, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Avadel Pharmaceuticals PLC)

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Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Securities, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Unum Therapeutics Inc.)

Company Not an “Investment Company. The Company is not, and after giving effect to the Share Repurchase, will not be required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Underwriting Agreement (Medpace Holdings, Inc.)

Company Not an “Investment Company. The Company is not, and will not be after receipt of payment for the Shares, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Open Market Sale (Liquidia Technologies Inc)

Company Not an “Investment Company. The Company is not, and will not be, immediately after receipt of payment for the Shares, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 1 contract

Samples: Stock Purchase Agreement (Catabasis Pharmaceuticals Inc)

Company Not an “Investment Company. The Company is not, and after receipt of payment for the Placement Shares will not required to register as be, an “investment company” under within the meaning of Investment Company Act of 1940, as amended and the rules and regulations of the Commission thereunder (collectively the “Investment Company Act”).

Appears in 1 contract

Samples: Common Stock (Pieris Pharmaceuticals, Inc.)

Company Not an “Investment Company. The Company is not, and immediately after receipt of payment for the Common Stock will not be required to register as an “investment company” under within the meaning of Investment Company Act of 1940, as amended (the “Investment Company Act”)amended.

Appears in 1 contract

Samples: Sales Agreement (Revolution Medicines, Inc.)

Company Not an “Investment Company. The Company is not required to register as an “investment company” under within the meaning of the Investment Company Act of 1940, as amended (collectively with the rules and regulations of the Commission promulgated thereunder, the “Investment Company 1940 Act”), and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Great Elm Capital Corp.)

Company Not an “Investment Company. The Company is not, and will not be, after receipt of payment for the Shares and Pre-Funded Warrants, required to register as an “investment company” under the Investment Company Act of 1940, as amended (the “Investment Company Act”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Enliven Therapeutics, Inc.)

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