Investment Company Matters. Neither the Advancing Party nor Subscriber is, and after giving effect to the purchase of the Concurrent Shares, neither will be, an "investment company" or an entity "controlled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 4 contracts
Samples: Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty)
Investment Company Matters. Neither the Advancing Party nor Subscriber Buyer is, and after giving effect to the purchase of the Concurrent Shares, Company Common Stock contemplated hereby neither will be, an "investment company" or an entity "controlled" by an "investment company," Company", as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Arv Assisted Living Inc), Stock Purchase Agreement (Prometheus Assisted Living LLC), Stock and Note Purchase Agreement (Prometheus Assisted Living LLC)
Investment Company Matters. Neither the Advancing Party nor Subscriber is, and after giving effect to the purchase of the Concurrent Shares, neither will be, an "investment company" or an entity "controlledcon- trolled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 3 contracts
Samples: Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty)
Investment Company Matters. Neither the Advancing Party nor Subscriber is, and after giving effect to the purchase of the Concurrent Special Purchase Shares, neither will be, an "investment company" or an entity "controlled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 2 contracts
Samples: Subscription Agreement (Security Capital U S Realty), Subscription Agreement (Security Capital U S Realty)
Investment Company Matters. Neither the Advancing Party nor Subscriber is, and after giving effect to the purchase of the Concurrent Shares, neither will be, an and "investment company" or an entity "controlled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Subscription Agreement (Security Capital U S Realty)
