Common use of Covered Fund Clause in Contracts

Covered Fund. Seller has been structured so as not to constitute, and is not, a “covered fund” for purposes of Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxxxxx Rule”), and is relying upon an exception or exemption from the registration requirements of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act.

Covered Fund. Seller has Counterparties have been structured so as not to constitute, and is not, a “covered fund” for purposes of Section 619 of the XxxxDxxx-Xxxxx Fxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxxxxx Vxxxxxx Rule”), and is relying upon an exception or exemption from the registration requirements of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act.

Covered Fund. Seller has been structured so as not to constitute, and is not, a “covered fund” for purposes of Section 619 of the XxxxDxxx-Xxxxx Fxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxxxxx Vxxxxxx Rule”), and is relying upon an exception or exemption from the registration requirements of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act.

Covered Fund. The Seller has been structured so as is not to constitute, and is not, a “covered fund” for purposes of under Section 619 13 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Bank Holding Company Act of 1956, as amended (together with the implementing regulations thereunder, commonly referred to as the “Xxxxxxx Rule”), and . In determining that the Seller is relying upon an not a “covered fund,” the Seller is entitled to rely on the exception or exemption from to the registration requirements definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act.1940, as amended;

Covered Fund. Seller has been structured so as not to constitute, and is not, a “covered fund” for purposes of Section 619 of the XxxxDxxx-Xxxxx Fxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxxxxx Vxxxxxx Rule”), and is relying upon an exception or exemption from the registration requirements of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act.