Common use of Not an Investment Company Clause in Contracts

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 19 contracts

Samples: Subscription and Securities Purchase Agreement (Speedemissions Inc), Securities Purchase Agreement (Lahaina Acquisitions Inc), Subscription and Securities Purchase Agreement (Edge Technology Group Inc)

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Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 14 contracts

Samples: Securities Purchase Agreement (Liberty Star Uranium & Metals Corp.), Securities Purchase Agreement (3dicon Corp), Securities Purchase Agreement (Titan Iron Ore Corp.)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Prosofttraining Com), Purchase Agreement (Autobond Acceptance Corp), Bridge Securities Purchase Agreement (Visual Edge Systems Inc)

Not an Investment Company. Neither the Company nor any Subsidiary of its subsidiaries is or, after giving effect to the offering and sale of the Shares, will be, an "Investment Company" within “investment company” or an entity “controlled” by an “investment company,” as such terms are defined in the meaning of Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Common Stock Purchase Agreement (Gilead Sciences, Inc.), Common Stock Purchase Agreement (Assembly Biosciences, Inc.), Common Stock Purchase Agreement (Gilead Sciences, Inc.)

Not an Investment Company. Neither the Company nor any Subsidiary other member of the Company Group is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder.

Appears in 5 contracts

Samples: Merger Agreement (Abri SPAC I, Inc.), Merger Agreement (Logiq, Inc.), Merger Agreement (Goldenstone Acquisition Ltd.)

Not an Investment Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Partnerre LTD)

Not an Investment Company. Neither the Company Parent nor any Subsidiary thereof is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (PENTAIR PLC), Credit Agreement (nVent Electric PLC), Credit Agreement (PENTAIR PLC)

Not an Investment Company. Neither the Company nor any Covered Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ERF Wireless, Inc.), Securities Purchase Agreement (ERF Wireless, Inc.), Securities Purchase Agreement (ERF Wireless, Inc.)

Not an Investment Company. Neither the Company nor any Subsidiary is an "Investment Company" “investment company” or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)

Not an Investment Company. Neither the Company nor any ------------------------- Subsidiary is an "Investment Company" within the meaning of Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (International Fuel Technology Inc), Securities Purchase Agreement (International Fuel Technology Inc)

Not an Investment Company. Neither the Company nor any Subsidiary of its Subsidiaries is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Bridge Securities Purchase Agreement (Oxford Health Plans Inc), Bridge Securities Purchase Agreement (Oxford Health Plans Inc)

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Not an Investment Company. Neither the Company nor any Material Subsidiary is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Term Loan Agreement (AXA Equitable Holdings, Inc.), Term Loan Agreement (AXA Equitable Holdings, Inc.)

Not an Investment Company. Neither the Company Borrower nor any Subsidiary is an "Investment Company" “investment company” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Global Payments Inc), Revolving Credit Agreement (World Acceptance Corp)

Not an Investment Company. Neither the Company Tenant nor any Subsidiary of its Subsidiaries is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Master Lease (Carmike Cinemas Inc)

Not an Investment Company. Neither the Company nor any Subsidiary thereof, is an "Investment Company" “investment company” within the meaning of such term under the Investment Company Act of 1940, as amended, and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Sales Agreement (U-Store-It Trust)

Not an Investment Company. Neither the Company nor any the Subsidiary is is, nor will the Company or the Subsidiary become as a result of the transactions contemplated hereby, an "Investment Company" within “investment company” as such terms are defined in the meaning of Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Placement Agency Agreement (Momenta Pharmaceuticals Inc)

Not an Investment Company. Neither of the Company nor any Subsidiary Companies is an "Investment Companyinvestment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

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