Common use of Investment Company Act; Not a Covered Fund Clause in Contracts

Investment Company Act; Not a Covered Fund. No Borrower is (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, under (and as to each such term, as defined in) the Investment Company Act. No Borrower is a “covered fund” under Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder (the “Xxxxxxx Rule”). In determining that no Borrower is a “covered fund” under the Xxxxxxx Rule, each Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.

Investment Company Act; Not a Covered Fund. No The Borrower is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, under (and as to each such term, as defined in) the Investment Company Act. No The Borrower is not a “covered fund” under Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder (the “Xxxxxxx Rule”). In determining that no the Borrower is not a “covered fund” under the Xxxxxxx Rule, each the Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.or

Investment Company Act; Not a Covered Fund. No Borrower The Seller is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, ,” under (and as to each such term, as defined in) the Investment Company Act. No Borrower Seller is not a “covered fund” under Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder (the “Xxxxxxx Rule”). In determining that no Borrower Seller is not a “covered fund” under the Xxxxxxx Rule, each Borrower Seller is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act. 2.18 Section 1(n) in Exhibit III of the Agreement is replaced in its entirety with the following:

Investment Company Act; Not a Covered Fund. No The Borrower is not (i) required to register as an “Investment Company” or (ii) “controlled” by an “Investment Company”, under (and as to each such term, as defined in) the Investment Company Act. No The Borrower is not a “covered fund” under Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder (the “Xxxxxxx Rule”). In determining that no the Borrower is not a “covered fund” under the Xxxxxxx Rule, each the Borrower is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(5)(A) or (B) of the Investment Company Act.