Investment Company Matters. Buyer is not, and after giving effect to the purchase of Company Common Stock contemplated hereby will not 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 3 contracts
Samples: Stock Purchase Agreement (Lfsri Ii Alternative Partnership L P), Stock Purchase Agreement (Prometheus Southeast Retail LLC), Stock Purchase Agreement (Fac Realty Trust Inc)
Investment Company Matters. Such Buyer is not, and after giving effect to the purchase of Company Common Stock contemplated hereby will not 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: Securities Purchase Agreement (Futurelink Corp), Securities Purchase Agreement (Futurelink Corp)
Investment Company Matters. Buyer Purchaser is not, and after giving effect to the purchase of Company the Purchased Common Stock contemplated hereby Shares hereunder, will not 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 1 contract
Samples: Securities Purchase Agreement (Grove Real Estate Asset Trust)
Investment Company Matters. Buyer is not, not and after giving effect to the purchase of Company Common Preferred Stock contemplated hereby will not 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 1 contract
Samples: Stock Purchase Agreement (Westbrook Real Estate Fund I Lp)
Investment Company Matters. Buyer is notis, and after giving effect to the purchase of Company Common Preferred Stock contemplated hereby hereby, will not 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 1 contract
Samples: Stock Purchase Agreement (Berkshire Realty Co Inc /De)
Investment Company Matters. Buyer is not, and after giving effect to the purchase of Company Common Preferred Stock contemplated hereby hereby, will not 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 1 contract
Samples: Stock Purchase Agreement (Burnham Pacific Properties Inc)
Investment Company Matters. Buyer is not, and after giving effect to the purchase acquisition of Company Common Stock the Purchased Shares contemplated hereby will not 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 1 contract
Samples: Share Purchase Agreement (American Industrial Properties Reit Inc)