Common use of Investment Company Status Clause in Contracts

Investment Company Status. The Company is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 22 contracts

Samples: Investor Rights Agreement (Ivanhoe Electric Inc.), Common Stock Subscription Agreement, Subscription Agreement

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Investment Company Status. The Company It is not an “investment company” within as such term is defined in the meaning of the Investment Company Act of 1940, as amended1940 Act.

Appears in 21 contracts

Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Antares Strategic Credit Fund), Loan and Servicing Agreement (Blue Owl Capital Corp III)

Investment Company Status. The Company is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.

Appears in 16 contracts

Samples: Revolving Credit Agreement (F5, Inc.), Term Credit Agreement (Broadridge Financial Solutions, Inc.), Revolving Credit Agreement (Marvell Technology, Inc.)

Investment Company Status. The Company is not an “investment company” within the meaning of as defined in, or subject to regulation as such under, the Investment Company Act of 1940, as amended.

Appears in 10 contracts

Samples: Term Loan Agreement (Conagra Brands Inc.), Assignment and Assumption (Conagra Brands Inc.), Term Loan Agreement (Conagra Brands Inc.)

Investment Company Status. The Company It is not an “investment company” within the meaning of or a company controlled by an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 9 contracts

Samples: Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp), Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp), Financing and Servicing Agreement (HMS Income Fund, Inc.)

Investment Company Status. The Company is not, and is not an Affiliate of, an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Common Share Purchase Agreement (Interoil Corp), Common Share Purchase Agreement (Interoil Corp), Securities Purchase Agreement (Interoil Corp)

Investment Company Status. The Company is Company, after giving effect to the offering and sale of the Securities, will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 6 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

Investment Company Status. The Company is not, and upon consummation of the sale of the Notes will not be, an “investment company” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Series B Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP)

Investment Company Status. The Company It is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Act.

Appears in 2 contracts

Samples: Credit Agreement (Americredit Financial Services Inc), Credit Agreement (Americredit Corp)

Investment Company Status. The Company It is not an “investment company” within the meaning of the Investment Company Act of 1940, as amended., or is exempt from all provisions of such Act;

Appears in 2 contracts

Samples: Receivables Financing Agreement (United Pan Am Financial Corp), Receivables Financing Agreement (United Pan Am Financial Corp)

Investment Company Status. The Company is Company, after giving effect to the offering and sale of the Shares, will not be an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CMS Energy Corp), Equity Distribution Agreement (CMS Energy Corp)

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Investment Company Status. The Company It is not an “investment company” within the meaning of the Investment Company Act of 1940, as amendedsuch term is defined in the 1940 Act.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Business Development Corp of America)

Investment Company Status. The Company is not an “investment company” within the meaning of as such term is defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Subscription Agreement (Michael Kors Holdings LTD)

Investment Company Status. The Company is not an “investment company” within the meaning of the U.S. Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Convertible Secured Debenture Purchase Agreement (Health Systems Solutions Inc)

Investment Company Status. The Company is not an “investment company” within the meaning of as defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Exchange Agreement (GCL Silicon Technology Holdings Inc.)

Investment Company Status. The Company is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securityholders' Agreement (Priceline Com Inc)

Investment Company Status. The Company is not an “investment company” or a company controlled by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Teekay Tankers Ltd.)

Investment Company Status. The Company is not an “investment company” within the meaning of as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended.. 77

Appears in 1 contract

Samples: Credit Agreement (Essential Utilities, Inc.)

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