Company Not an “Investment Company. The Company is familiar with the Investment Company Act of 1940, as amended, and the rules and regulations thereunder, and will in the future conduct its and the Operating Partnership’s affairs, in such a manner and will use its commercially reasonable best efforts to ensure that the Company and the Operating Partnership will not be an “investment company” within the meaning of the Investment Company Act of 1940 and the rules and regulations thereunder.
Appears in 21 contracts
Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)
Company Not an “Investment Company. The Each of the Company and the Operating Partnerships is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnershipeach Subsidiary’s affairs, affairs in such a manner manner, and will use its commercially reasonable best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.
Appears in 4 contracts
Samples: Lexington Realty Trust (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust), Purchase Agreement (Lexington Realty Trust)
Company Not an “Investment Company. The Each of the Company and the Operating Partnerships is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnership’s affairs, each Subsidiary's affairs in such a manner manner, and will use its commercially reasonable best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.
Appears in 1 contract
Company Not an “Investment Company. The Company is familiar with the Investment Company Act of 1940, as amended, and the rules and regulations thereunder, and will in the future conduct its and the Operating PartnershipManager’s affairs, in such a manner and will use its commercially reasonable best efforts to ensure that the Company and the Operating Partnership Manager will not be an “investment company” within the meaning of the Investment Company Act of 1940 and the rules and regulations thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)
Company Not an “Investment Company. The Each of the Company and the Operating Partnership is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnership’s affairs, each of its Subsidiaries’ affairs in such a manner manner, and will use its commercially reasonable their best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Lepercq Corporate Income Fund L P)