Common use of Investment Company Act; Covered Fund Clause in Contracts

Investment Company Act; Covered Fund. It is not required to register as an “Investment Company” under (and as defined in) the Investment Company Act. It is not a “covered fund” as defined in Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act. In determining that the Borrower is not such a “covered fund,” the Borrower relies on, and is entitled to rely on, the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act (although other exclusions or exemptions may also be available to the Borrower).

Investment Company Act; Covered Fund. It is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, in each case, under (and as defined in) the Investment Company Act. It is not a “covered fund” as defined in Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act. In determining that making the Borrower is not forgoing determinations, such a “covered fund,” the Borrower Seller relies on, and is entitled to rely on, on the exemption from the definition of “investment company” ’ set forth in Section 3(c)(53(c)(6) of the Investment Company Act (although other exclusions or exemptions may also be available to the Borrower)Act.

Investment Company Act; Covered Fund. It is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, in each case, under (and as defined in) the Investment Company Act. It is not a “covered fund” as defined in Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act. In determining that making the Borrower is not forgoing determinations, such a “covered fund,” the Borrower Seller relies on, and is entitled to rely on, on the exemption from the definition of “investment company” set forth in Section 3(c)(53(c)(6) of the Investment Company Act (although other exclusions or exemptions may also be available to the Borrower)Act.

Investment Company Act; Covered Fund. It is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, in each case, under (and as defined in) the Investment Company Act. It is not a “covered fund” as defined in Section 619 of the XxxxDxxx-Xxxxx Fxxxx Xxxx Street Reform and Consumer Protection Act. In determining that making the Borrower is not forgoing determinations, such a “covered fund,” the Borrower Seller relies on, and is entitled to rely on, on the exemption from the definition of “investment company” ’ set forth in Section 3(c)(5) of the Investment Company Act (although other exclusions or exemptions may also be available to the Borrower)Act.