Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 38 contracts
Samples: Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (CNL Income Fund Xvii LTD)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company is, or at on the Effective Time Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 11 contracts
Samples: Merger Agreement (Spirit Realty Capital, Inc.), Merger Agreement (Realty Income Corp), Merger Agreement (Spirit Realty Capital, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company Acquired Companies is, or at the Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 7 contracts
Samples: Merger Agreement (Inland American Real Estate Trust, Inc.), Merger Agreement (Inland American Real Estate Trust, Inc.), Merger Agreement (Inland American Real Estate Trust, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 6 contracts
Samples: Merger Agreement (DecisionPoint Systems, Inc.), Merger Agreement (Physicians Formula Holdings, Inc.), Merger Agreement (Physicians Formula Holdings, Inc.)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 5 contracts
Samples: Merger Agreement (Pomeroy It Solutions Inc), Merger Agreement (Pomeroy It Solutions Inc), Merger Agreement (New Plan Excel Realty Trust Inc)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Company Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 4 contracts
Samples: Merger Agreement (Highland Hospitality Corp), Merger Agreement (Eop Operating LTD Partnership), Merger Agreement (Eop Operating LTD Partnership)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, is required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 4 contracts
Samples: Merger Agreement (Home Properties Inc), Merger Agreement (Gramercy Capital Corp), Stockholder Voting Agreement (Morgan Stanley)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, is required to be registered as an “investment company” under the Investment Company Act of 1940, as amended (the “1940 Investment Company Act”).
Appears in 4 contracts
Samples: Share and Asset Purchase Agreement (Home Loan Servicing Solutions, Ltd.), Share and Asset Purchase Agreement (New Residential Investment Corp.), Merger Agreement (New Residential Investment Corp.)
Investment Company Act of 1940. None of Neither the Company or nor any Subsidiary of the Company its Subsidiaries is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “"1940 Act”").
Appears in 4 contracts
Samples: Merger Agreement (Reckson Associates Realty Corp), Merger Agreement (Reckson Associates Realty Corp), Merger Agreement (Tower Realty Trust Inc)
Investment Company Act of 1940. None of Neither the Managing Member, the Company or nor any Subsidiary subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 3 contracts
Samples: Master Agreement (Goldman Sachs Group Inc), Master Agreement (Goldman Sachs Group Inc), Master Agreement (McNeil Real Estate Fund Ix LTD)
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company isCompany's subsidiaries are, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 3 contracts
Samples: Merger Agreement (Developers Diversified Realty Corp), Merger Agreement (Developers Diversified Realty Corp), Merger Agreement (JDN Realty Corp)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at the Effective Time Time, will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Appears in 2 contracts
Samples: Merger Agreement (Lazard Freres Real Estate Investors LLC), Merger Agreement (United Dominion Realty Trust Inc)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Merger Agreement (Gables Residential Trust), Merger Agreement (Great Lakes Reit)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Merger Agreement (Geo Group Inc), Merger Agreement (CentraCore Properties Trust)
Investment Company Act of 1940. None of the Company or any Company Subsidiary of the Company is, or at the Effective Acceptance Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Land Lease Inc), Merger Agreement (GCP Sunshine Acquisition, Inc. A Delaware Corp)
Investment Company Act of 1940. None Neither the Company nor any of the Company or any Subsidiary of the Company isCompany’s subsidiaries are, or at the Effective Time will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 2 contracts
Samples: Merger Agreement (Inland Retail Real Estate Trust Inc), Merger Agreement (Price Legacy Corp)
Investment Company Act of 1940. None of the Company or any Subsidiary of the Company is, or at the Partnership Mergers Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Merger Agreement (Carramerica Realty Operating Partnership Lp)
Investment Company Act of 1940. None of Neither the Company or nor any Company Subsidiary of the Company is, or at after giving effect to the Effective Time transactions contemplated by this Agreement will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Investment Company Act of 1940. None of the Company Acquiror or any Subsidiary of the Company is, or at the Effective Time will be, its subsidiaries is required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Investment Company Act of 1940. None of the Company, Company LP or any Company Subsidiary of the Company is, or at on the Effective Time Closing Date will be, required to be registered as an "investment company" under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Merger Agreement (Macerich Co)
Investment Company Act of 1940. None of the No Company or any Designated Subsidiary of the Company is, or at the Effective Time Closing will be, required to be registered under the Investment Company Act of 1940, as amended (the “1940 Act”)amended.
Appears in 1 contract
Samples: Merger Agreement (Ventas Inc)
