Investment Company Act; Xxxxxxx Rule. The Seller (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 Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller 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 20 contracts
Samples: Receivables Purchase Agreement (Audacy, Inc.), Receivables Purchase Agreement (Centuri Holdings, Inc.), Receivables Purchase Agreement (Labcorp Holdings Inc.)
Investment Company Act; Xxxxxxx Rule. The Seller (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 Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller 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 5 contracts
Samples: Receivables Purchase Agreement (Gray Television Inc), Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Ortho Clinical Diagnostics Holdings PLC)
Investment Company Act; Xxxxxxx Rule. The Seller (i) is not, not and is will not controlled bybecome as a result of the transactions contemplated by the Transaction Documents, an “investment company,” registered or required to be registered under a company “controlled” by an “investment company,” within the meaning of the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Seller is not a “covered fund” under the Xxxxxxx Rule”, the Seller relies on, and is entitled to rely on, on the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Avantor, Inc.), Receivables Purchase Agreement (Avantor, Inc.)
Investment Company Act; Xxxxxxx Rule. The Seller (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 127256974\V-8 determining that the Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller 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 1 contract
Investment Company Act; Xxxxxxx Rule. The Seller (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 Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller 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 1 contract
Investment Company Act; Xxxxxxx Rule. The Seller (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 Seller is not a “covered fund” under the Xxxxxxx Rule, the Seller 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.determining
Appears in 1 contract
Samples: Receivables Purchase Agreement (Rackspace Technology, Inc.)
Investment Company Act; Xxxxxxx Rule. The Seller (i) is not, not and is will not controlled bybecome as a result of the transactions contemplated by the Transaction Documents, an “investment company,” registered or required to be registered under a company “controlled” by an “investment company,” within the meaning of the Investment Company Act and (ii) is not a “covered fund” under the Xxxxxxx Rule. In determining that the Seller is not a “covered fund” under the Xxxxxxx Rule”, the Seller relies on, and is entitled to rely on, on the exemption from the definition of “investment company” set forth in Section 3(c)(5) of the Investment Company Act.. (m)
Appears in 1 contract
