Investment Company Act; Xxxxxxx Rule. Such Person (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 such Person is not a “covered fund” under the Xxxxxxx Rule, such Person 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 Financing Agreement (Lamar Media Corp/De), Receivables Purchase Agreement (Rackspace Technology, Inc.), Receivables Financing Agreement (Lamar Media Corp/De)