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

Investment Company Act; Not a Covered Fund. The Seller is not an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended (the “Investment Company Act”), and the Seller is not a “covered fund” under the Xxxxxxx Rule (Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder). In reaching those conclusions, although other statutory or regulatory exemptions may be available under the Investment Company Act, the Seller has relied on Section 3(c)(5) of the Investment Company Act.

Investment Company Act; Not a Covered Fund. The Seller is not an “investment company,” as defined in, or subject to regulation under, a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended amended. The Seller is not a “covered fund” under Section 619 of the Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder (the “Investment Company ActVxxxxxx Rule”), and . In determining that the Seller is not a “covered fund” under the Xxxxxxx Rule (Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunder). In reaching those conclusions, although other statutory or regulatory exemptions may be available under the Investment Company ActVxxxxxx Rule, the Seller has relied is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(53(c)(5)(A) or (B) of the Investment Company ActAct of 1940, as amended.

Investment Company Act; Not a Covered Fund. The Seller is not an “investment company,” as defined in, or subject to regulation under, a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and the amended. The Seller is not a “covered fund” under the Xxxxxxx Rule (Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations implemented thereunderthereunder (the “Xxxxxxx Rule”). In reaching those conclusions, although other statutory or regulatory exemptions may be available determining that the Seller is not a “covered fund” under the Investment Company ActXxxxxxx Rule, the Seller has relied is entitled to rely on the exemption from the definition of “investment company” set forth in Section 3(c)(53(c)(5)(A) or (B) of the Investment Company ActAct of 1940, as amended.