Common use of Investment Company Act Considerations Clause in Contracts

Investment Company Act Considerations. The Depositor is, and solely after giving effect to the offering and sale of the Notes and the application of the proceeds thereof will be, excluded from being an “investment company” under the Investment Company Act of 1940, as amended; and

Investment Company Act Considerations. The Depositor is, and solely after giving effect to the offering and sale of the Notes and the application of the proceeds thereof will be, excluded from being an “investment company” under the Investment Company Act of 1940, as amended; and;