Investment Company Act; Public Utility Holding Company. U.S. ENTITY. The Company (i) is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended (the "1940 Act"), (ii) is not an "investment company" for purposes of Section 12(d)(1) of the 1940 Act, (iii) is not and will not become a "holding company" or a "subsidiary company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, (iv) is not and will not be headquartered or organized in any jurisdiction outside the United States of America or (v) does not directly or indirectly conduct activities or own assets in any foreign jurisdiction.
Appears in 3 contracts
Samples: Subscription Agreement (Keystone Property Trust), Subscription Agreement (Keystone Property Trust), Subscription Agreement (Keystone Property Trust)
Investment Company Act; Public Utility Holding Company. U.S. ENTITYEntity. The Company REIT (i) is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended (the "1940 Act"), (ii) is not an "investment company" for purposes of Section 12(d)(112(d)(l) of the 1940 Act, (iii) is not and will not become a "holding company" or a "βsubsidiary company" within the meaning of the Public Utility Holding Company Act of 1935, as 1935,as amended, (iv) is not and will not be headquartered or organized in any jurisdiction outside the United States of America or (v) does not directly or indirectly conduct activities activities' or own assets in any foreign jurisdiction.
Appears in 2 contracts
Samples: Securities Purchase Agreement (American Realty Capital Properties, Inc.), Securities Purchase Agreement (American Realty Capital Properties, Inc.)
