Common use of Investment Company Act of 1940 Clause in Contracts

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Merger Agreement (Simon Property Group Inc /De/), Merger Agreement (Brandywine Operating Partnership Lp /Pa), Merger Agreement (Shurgard Storage Centers Inc)

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Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amendedamended (the "1940 Act").

Appears in 4 contracts

Samples: Merger Agreement (Globe Business Resources Inc), Merger Agreement (Storage Trust Realty), Agreement and Plan of Merger (Globe Business Resources Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company its Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amendedamended (the "Investment Company Act").

Appears in 4 contracts

Samples: Merger Agreement (Equity One Inc), Agreement and Plan of Merger (Walden Residential Properties Inc), Agreement and Plan of Merger (Walden Residential Properties Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Merger Agreement (CRT Properties Inc), Agreement and Plan of Merger (Sunset Financial Resources Inc), Merger Agreement (Sunset Financial Resources Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Merger Agreement (Ventas Inc), Merger Agreement (Ventas Inc), Merger Agreement (Eldertrust)

Investment Company Act of 1940. Neither the Company nor any of the Company its Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Merger Agreement (Brookfield Asset Management Inc.), Merger Agreement (Crystal River Capital, Inc.), Merger Agreement (Criimi Mae Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company Company’s Subsidiaries isare, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Merger Agreement (Excel Trust, L.P.), Merger Agreement (Spirit Finance Corp)

Investment Company Act of 1940. Neither the Company nor any None of the Company or any of its Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Health Care Reit Inc /De/), Purchase Agreement (Hcp, Inc.)

Investment Company Act of 1940. Neither the Company Acquired Companies nor any of the Company their respective Subsidiaries isare, or on at the First Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Equity Purchase Agreement (ARC Properties Operating Partnership, L.P.), Equity Purchase Agreement (RCS Capital Corp)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Merger Agreement (Prime Group Realty Trust), Merger Agreement (Prime Group Realty Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Merger Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Merger Agreement (Health Care Reit Inc /De/), Merger Agreement (Windrose Medical Properties Trust)

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Investment Company Act of 1940. Neither the Company nor any of the Company its Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Merger Agreement (American Community Properties Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company its Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amendedAct.

Appears in 1 contract

Samples: Merger Agreement (Prologis Trust)

Investment Company Act of 1940. Neither the Company nor any of the Company Company's Subsidiaries isare, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Merger Agreement (Capital Automotive Reit)

Investment Company Act of 1940. Neither of the Company nor any of the Company its Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Merger Agreement (Hilton Hotels Corp)

Investment Company Act of 1940. Neither the Company nor any of the Company Subsidiaries is, or on at the Closing Date Effective Time will be, required to be registered as an investment company under the Investment Company Act of 1940, as amendedamended (the "1940 ACT").

Appears in 1 contract

Samples: Merger Agreement (Paragon Group Inc)

Investment Company Act of 1940. Neither the Company nor any of the Company Company’s Subsidiaries is, or on at the Closing Date will be, required to be registered as an investment company under the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Merger Agreement (Centerpoint Properties Trust)

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