Common use of Investment Company Act; Xxxxxxx Rule Clause in Contracts

Investment Company Act; Xxxxxxx Rule. The Borrower is not required to register as an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act. The Borrower is not a “covered fund” under Section 619 of the Xxxx Xxxxx Wall Street Reform and Consumer Protection Act (the “Xxxxxxx Rule”). In determining that the Borrower is not a covered fund, the Borrower is entitled to the benefit of the exemption provided under Section 3(c)(5) of the Investment Company Act, though other exemptions may be available.