Common use of Not an Investment Company Clause in Contracts

Not an Investment Company. The Trust Depositor is not and, after giving effect to the transactions contemplated by the Transaction Documents, will not be required to be registered as an “investment company” under the 1940 Act.

Appears in 18 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Hercules Capital, Inc.)

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Not an Investment Company. The Trust Depositor is not and, after giving effect to the transactions contemplated by the Transaction Documents, will not be required to be registered as an “investment company” under within the meaning of the 1940 Act.

Appears in 12 contracts

Samples: Sale and Contribution Agreement (Hercules Capital, Inc.), Sale and Contribution Agreement (Horizon Technology Finance Corp), Sale and Contribution Agreement (Hercules Capital, Inc.)

Not an Investment Company. The Trust Depositor is not not, and, after giving effect to the transactions contemplated hereby and by the other Transaction Documents, will not be be, required to be registered as an “investment company” under within the 1940 Actmeaning of the Investment Company Act of 1940, as amended (or the Trust Depositor is exempt from all provisions of such act).

Appears in 5 contracts

Samples: Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD)

Not an Investment Company. The Trust Depositor is not not, and, after giving effect to the transactions contemplated hereby and by the other Transaction Documents, will not be required to be registered as an “investment company” under within the 1940 Actmeaning of the Investment Company Act of 1940, as amended (or the Trust Depositor is exempt from all provisions of such act).

Appears in 5 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Not an Investment Company. The Trust Depositor is not and, after giving effect to the transactions contemplated by the Transaction Documents, will not be required to be registered as an "investment company" under the 1940 Act.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Not an Investment Company. The Trust Depositor is not not, and, after giving effect to the transactions contemplated hereby and by the other Transaction Documents, will not be be, required to be registered as an "investment company” under " within the 1940 Actmeaning of the Investment Company Act of 1940, as amended (or the Trust Depositor is exempt from all provisions of such act).

Appears in 1 contract

Samples: Transfer Agreement (American Capital Strategies LTD)

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Not an Investment Company. The Trust Depositor is not not, and, after giving effect to the transactions contemplated hereby and by the other Transaction Documents, will not be required to be registered as an "investment company” under " within the 1940 Actmeaning of the Investment Company Act of 1940, as amended (or the Trust Depositor is exempt from all provisions of such act).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)

Not an Investment Company. The Trust Depositor is not and, after giving effect to the transactions contemplated by the Transaction Documents, will not be required to be registered ------------------------- register as an "investment company" under the 1940 ActInvestment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Not an Investment Company. The Trust Depositor is not and, after giving effect to the transactions contemplated by the Transaction Documents, will not be required to be ------------------------- registered as an "investment company” under " within the 1940 Actmeaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Commercial Loan Sale Agreement (MCG Capital Corp)

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