Investment Company Act; Xxxxxxx Rule. The Borrower (i) is not, and is not controlled by, an “investment company” registered or required to be registered under the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower relies on, and is entitled to rely on, the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.
Appears in 32 contracts
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.), Receivables Financing Agreement (Sabre Corp), Receivables Financing Agreement (Applied Industrial Technologies Inc)
Investment Company Act; Xxxxxxx Rule. The Borrower (i) is not, and is not controlled by, an “investment company” registered or required to be registered under the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower relies on, and is entitled to rely on, the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.
Appears in 4 contracts
Samples: Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (TGPX Holdings I LLC)
Investment Company Act; Xxxxxxx Rule. The Borrower (i) is notnot registered or required to register as, and is not controlled by, an “investment company” registered or required to be registered under the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower qualifies for and relies on, and is entitled to rely on, on the exemption exclusion from the definition of “investment company” set forth contained in Section 3(c)(5) of the Investment Company Act.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Sylvamo Corp), Receivables Financing Agreement (Sylvamo Corp)
Investment Company Act; Xxxxxxx Rule. The Borrower (i) is not, and is not controlled by, an “investment company” registered or required to be registered under the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Borrower is not a “covered fund” under the Xxxxxxx Rule, the Borrower relies on, and is entitled to rely on, the on an exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company ActAct , although other exemptions from the definition of “investment company” set forth in the Investment Company Act may also be available.
Appears in 1 contract
Samples: Receivables Financing Agreement (Waystar Holding Corp.)
