Common use of Delivery of Prospectus; Subsequent Changes Clause in Contracts

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existingunder which they were made, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co [-] (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existingunder which they were made, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co [-] to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending the offer and sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will use its best efforts to comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending the offer and sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will use its commercially reasonable efforts to comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co CF&Co, and confirm the notice in writing, to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Fund Securities Act), the Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period the Registration Statement ceases to be effective or it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Fund Securities Act), the Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co CF&Co, and confirm the notice in writing, to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Fund Securities Act), the Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, so far as necessary to permit the continuance of the sale of the Placement Shares during such period in accordance with the provisions hereof and will the Prospectus, and to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in Within the time during which a Prospectus prospectus relating to the Placement Shares is would be required to be delivered by CF&Co (whether physically or through compliance with applicable rules the Agent under the Securities Act) under Laws but for the Securities Act with respect to a pending sale of the Placement SharesExemption, the Fund Corporation will comply in all material respects with the all requirements of imposed upon it by the Securities Act Laws, as appropriate and the Investment Company Act, as from time to time in force, and will file or with the Commission and the NYSE all documents Qualifying Authorities pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company ActLaws, as appropriate. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities ActLaws, the Fund Corporation will promptly immediately notify CF&Co the Agent to suspend the offering of Placement Shares during such period and, if, in the Corporation’s determination and at the Fund Corporation’s sole discretion, it is necessary to file an amendment or supplement to the Prospectus to comply with the Securities Laws, the Corporation will promptly amend prepare and file with the Qualifying Authorities such amendment or supplement the Registration Statement or Prospectus so as may be necessary to correct such statement or omission or effect to make the Prospectus comply with such compliancerequirements, and the Corporation will furnish to the Agent such number of copies of such amendment or supplement as the Agent may reasonably request (provided that the Corporation shall not be required to deliver documents if such documents are publicly available and accessible on SEDAR).

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Fund Securities Act or similar rule), the Company will comply in all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement supplement, or file a free writing prospectus applicable to, the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus (or in lieu thereof the notice referred to in Rule 173(a) under the Securities Act) relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14 or 15(d) of the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existingunder which they were made when such Prospectus is delivered, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period (and, if so notified, CF&Co shall cease such offers as soon as commercially practicable) and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the 16 Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co [ ] (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co [ ] to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a U.S. Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement SharesShares (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company ActCanadian Securities Laws, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c) or 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the U.S. Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or U.S. Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund Company will promptly amend or supplement the Registration Statement or U.S. Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement Shares, the Fund will comply in all material respects with the requirements of the Securities Act and the Investment Company Act, as from time to time in force, and will file with the Commission and the NYSE all documents pursuant to the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Act. If during such 15 period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund will promptly notify CF&Co to suspend the offering of Placement Shares during such period and the Fund will promptly amend or supplement the Registration Statement or Prospectus so as to correct such statement or omission or effect such compliance.

Delivery of Prospectus; Subsequent Changes. During any period in which a Prospectus relating to the Placement Shares Securities is required to be delivered by CF&Co (whether physically or through compliance with applicable rules under the Securities Act) under the Securities Act with respect to a pending sale of the Placement SharesSecurities, (including in circumstances where such requirement may be satisfied pursuant to Rule 172 under the Securities Act), the Fund Company will comply in with all material respects with the requirements of imposed upon it by the Securities Act and the Investment Company Act, as from time to time in force, and will to file on or before their respective due dates all reports and any definitive proxy or information statements required to be filed by the Company with the Commission and the NYSE all documents pursuant to Sections 13(a), 13(c), 14, 15(d) or any other provision of or under the Securities Act and the Investment Company Act in the manner and within the time periods required by the Securities Act and the Investment Company Exchange Act. If during such period any event occurs as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period the Registration Statement ceases to be effective or it is necessary to amend or supplement the Registration Statement or Prospectus to comply with the Securities Act, the Fund Company will promptly notify CF&Co to suspend the offering of Placement Shares Securities during such period and the Fund Company will promptly amend or supplement the Registration Statement or Prospectus (at the expense of the Company) so as to correct such statement or omission or effect such compliance.