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

Investment Company Act; Xxxxxxx Rule. The Seller is not required to be registered as an "investment company" under the Investment Company Act of 1940, as amended (the "Investment Company Act"). The Seller is not a "covered fund" under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the "Xxxxxxx Rule"). In determining that the Seller is not a "covered fund" under the Xxxxxxx Rule, although other exemptions or exclusions under the Investment Company Act may apply, the Seller relies on the exemption from the definition of "investment company" set forth in Section 3(c)(5) of the Investment Company Act and does not rely solely on the exemption from the definition of "investment company" set forth in Section 3(c)(1) and/or 3(c)(7) of the Investment Company Act.

Investment Company Act; Xxxxxxx Rule. The Seller is not (i) required to be registered register as an "investment company" “Investment Company” or (ii) “controlled” by an “Investment Company,” under (and as to each such term, as defined in) the Investment Company Act of 1940, as amended (the "Investment Company Act"). The Seller is not a "“covered fund" ” under Section 13 619 of the U.S. Bank Holding Company Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 1956, as amended, and the applicable rules and regulations implemented thereunder (the "“Xxxxxxx Rule"”). In determining that the Seller is not a "“covered fund" ” under the Xxxxxxx Rule, although other exemptions or exclusions under the Investment Company Act may apply, the Seller relies is entitled to rely on the exemption from the definition of "“investment company" ” set forth in Section 3(c)(53(c)(5)(A) of the Investment Company Act and does not rely solely on the exemption from the definition of "investment company" set forth in Section 3(c)(1) and/or 3(c)(7or (B) of the Investment Company Act.. 744072627 21691544 64

Investment Company Act; Xxxxxxx Rule. The Seller is not (i) required to be registered register as an "investment company" “Investment Company” or (ii) “controlled” by an “Investment Company,” under (and as to each such term, as defined in) the Investment Company Act of 1940, as amended (the "Investment Company Act"). The Seller is not a "“covered fund" ” under Section 13 619 of the U.S. Bank Holding Company Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 1956, as amended, and the applicable rules and regulations implemented thereunder (the "“Xxxxxxx Rule"”). In determining that the Seller is not a "“covered fund" ” under the Xxxxxxx Rule, although other exemptions or exclusions under the Investment Company Act may apply, the Seller relies is entitled to rely on the exemption from the definition of "“investment company" ” set forth in Section 3(c)(53(c)(5)(A) of the Investment Company Act and does not rely solely on the exemption from the definition of "investment company" set forth in Section 3(c)(1) and/or 3(c)(7or (B) of the Investment Company Act.. 758444419 21691544 58

Investment Company Act; Xxxxxxx Rule. The Seller is not required to be registered as an "“investment company" ” under the Investment Company Act of 1940, as amended (the "“Investment Company Act"”). The Seller is not a "“covered fund" ” under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the "“Xxxxxxx Rule"”). In determining that the Seller is not a "“covered fund" ” under the Xxxxxxx Rule, although other exemptions or exclusions under the Investment Company Act may apply, the Seller relies on the exemption from the definition of "“investment company" ” set forth in Section 3(c)(5) of the Investment Company Act and does not rely solely on the exemption from the definition of "“investment company" ” set forth in Section 3(c)(1) and/or 3(c)(7) of the Investment Company Act.

Investment Company Act; Xxxxxxx Rule. The Seller (i) is not, and is not controlled by, an “investment company” registered or required to be registered as an "investment company" under the Investment Company Act of 1940, as amended and (the "Investment Company Act"). The Seller ii) is not a "“covered fund" ” under Section 13 of the U.S. Bank Holding Company Act of 1956, as amended, and the applicable rules and regulations thereunder (the "Xxxxxxx Rule"). In determining that the Seller is not a "“covered fund" ” under the Xxxxxxx Rule, although other exemptions or exclusions under the Investment Company Act may apply, the Seller relies on 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 and does not rely solely on the exemption from the definition of "“investment company" ” set forth in Section 3(c)(1) and/or 3(c)(7) of the Investment Company Act.