Investment Act. The Company is not required to be registered as, and is not an Affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Investment Act. The Company is not, and immediately after giving effect to the offering and sale of the Shares, will not be an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Investment Act. The Buyer is not required to be registered as, and is not an Affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
Investment Act. Neither Borrower nor any of its Subsidiaries is an "invest ment company" nor an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended (15 U.S.C. ss. 80(a)(1), et seq.), nor is Borrower or any Subsidiary subject to any other state or federal regulation limiting its ability to incur Debt. The making of the Line of Credit Loans, the Convertible Term Loan, and other financial accommodations hereunder by Agent and Lenders, the application of the proceeds and repayment thereof by Borrower and the consummation of the other transactions contemplated by this Agreement and the Loan Documents do not violate any provisions of such laws or any rule, regulation or order issued by the Securities and Exchange Commission or other Public Authority thereunder.
Investment Act. The Company has been advised concerning the Investment Company Act of 1940, as amended (the "1940 Act"), and the rules and regulations thereunder, and has in the past conducted, and intends in the future to conduct, its affairs in such a manner as to ensure that it will not become an "investment company" or a company "controlled" by an "investment company" within the meaning of the 1940 Act and such rules and regulations.
Investment Act. “An investment subject to notification under part 3 that would otherwise be reviewable, is reviewable if it falls w/in a prescribed business activity that in the opinion of the governor in council is related to Canada’s cultural heritage or national identity.” This means that any cultural industries investment is subject to review.
Investment Act. None of the Borrowers is an "investment company" -------------- or an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of ---------------------- 1940, as amended. The making of the Loans and other financial accommodations hereunder by the Agent and/or Lenders, the application of the proceeds and repayment thereof by the Borrowers and other transactions contemplated by this Agreement and the Loan Documents do not violate any provisions of such Act or any rule, regulation or order issued by the Securities and Exchange Commission thereunder.
Investment Act. The Company is not an open-end investment company, unit investment trust or face-amount certificate company that is or is required to be registered under Section 8 of the United States Investment Company Act of 1940, as amended (the "Investment Company Act"), nor is it a closed-end investment company required to be registered, but not registered, thereunder; and the Company is not and, after giving effect to the offering and sale of the Notes and the application of the proceeds thereof as described in the Offering Circular under the caption "Use of Proceeds," the Company will not be an "investment company" as defined in the Investment Company Act.
Investment Act. 69 6.21 Margin Securities............................................................................. 69 6.22 Benefit....................................................................................... 70 6.23
Investment Act. Such Borrower is not an "investment company" -------------- nor an "affiliated person" of, or "promoter" or "principal underwriter" for, an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended (15 U.S.C. ss. 80(a)(l), et seq.). The making of Loans under the A Term Loan Facility, the B Term Loan Facility, the Canadian Term Loan Facility or the Working Capital Facility, and other financial accommodations hereunder by the Lender, the application of the proceeds and repayment thereof by the Borrowers and the consummation of the other transactions contemplated by this Agreement and the Loan Documents do not violate any provisions of such Act or any rule, regulation or order issued by the Securities and Exchange Commission thereunder.
