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

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 making the forgoing determinations, such Seller relies on the exemption from the definition of “investment company’ set forth in Section 3(c)(6) of the Investment Company 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 making determining that the forgoing determinationsBorrower is not such a “covered fund,” the Borrower relies on, such Seller relies on and is entitled to rely on, the exemption from the definition of “investment company’ ” set forth in Section 3(c)(63(c)(5) of the Investment Company ActAct (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 making the forgoing determinations, such Seller relies on the exemption from the definition of “investment company’ ” set forth in Section 3(c)(6) of the Investment Company 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 making determining that the forgoing determinationsBorrower is not such a “covered fund,” the Borrower relies on, such Seller relies on and is entitled to rely on, the exemption from the definition of “investment company’ ” set forth in Section 3(c)(63(c)(5) of the Investment Company Act.Act (although other exclusions or exemptions may also be available to the Borrower). (s)

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 making the forgoing determinations, such Seller relies on the exemption from the definition of “investment company’ set forth in Section 3(c)(63(c)(5) of the Investment Company Act.