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

Investment Company Act; Xxxxxxx Rule. The Borrower (i) is not a “covered fund” under the Xxxxxxx Rule and (ii) is not an “investment company” within the meaning of the Investment Company Act and the Borrower has not relied exclusively on either or both of Sections 3(c)(1) or 3(c)(7) of the Investment Company Act for an exception from registration.

Appears in 5 contracts

Samples: Sale and Contribution Agreement (Hilton Grand Vacations Inc.), Servicing Agreement (Hilton Grand Vacations Inc.), Sale and Contribution Agreement (Hilton Grand Vacations Inc.)

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Investment Company Act; Xxxxxxx Rule. The Borrower (i) is not a “covered fund” under the Xxxxxxx Rule and (ii) is not an “investment company” within the meaning of the Investment Company Act and the Borrower has not relied exclusively on either or both of Sections 3(c)(1) or 3(c)(7) of the Investment Company Act for an exception from registration.

Appears in 2 contracts

Samples: Receivables Loan Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement (Hilton Grand Vacations Inc.)

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