Common use of Not an Investment Company Clause in Contracts

Not an Investment Company. The Transferor is not, and is not controlled by, 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 23 contracts

Samples: Receivables Transfer Agreement (Tyson Foods Inc), Receivables Transfer Agreement (Nalco Global Holdings LLC), Transfer and Administration Agreement (Saks Inc)

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Not an Investment Company. The Transferor is not, and is not controlled by, 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 9 contracts

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Receivables Transfer Agreement (Trimas Corp), Receivables Transfer Agreement (Nalco Holding CO)

Not an Investment Company. The Transferor is not, and is not controlled by, 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 6 contracts

Samples: Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp)

Not an Investment Company. The Transferor is not, and is not controlled by, an "investment company" within the meaning of the Investment Company Act of 1940, as amendedAct, or is exempt from all provisions of such Act.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust)

Not an Investment Company. The Transferor is not, and is not controlled by, 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: Transfer and Administration Agreement (Safeguard Scientifics Inc Et Al), Transfer and Administration Agreement (Compucom Systems Inc)

Not an Investment Company. The Transferor is not, and is not controlled by, an "investment ------------------------- company" within the meaning of the Investment Company Act of 1940, as amendedAct, or is exempt from all provisions of such Act.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greentree Floorplan Funding Corp), Pooling and Servicing Agreement (Greentree Floorplan Funding Corp)

Not an Investment Company. The Transferor is not, and is not ------------------------- controlled by, 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 Transfer Agreement (Medpartners Inc), Transfer and Administration Agreement (Metris Companies Inc)

Not an Investment Company. The Transferor is not, and is not an "investment company" or controlled by, by an "investment company" within the meaning of the Investment Company Act of 1940, as amendedAct, or is exempt from all provisions of such Act.. - 5 -

Appears in 2 contracts

Samples: Certificate Purchase Agreement (Apparel Retailers Inc), Certificate Purchase Agreement (Specialty Retailers Inc /De/)

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Not an Investment Company. The Transferor is not, and is not ------------------------- controlled by, an "investment company" within the meaning of the Investment Company Act of 1940, as amended1940 Act, or is exempt from all provisions of such Act.

Appears in 1 contract

Samples: Certificate Purchase Agreement (Saks Credit Card Master Trust)

Not an Investment Company. The Transferor is not, and is not controlled by, 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 1 contract

Samples: Transfer and Administration Agreement (K2 Inc)

Not an Investment Company. The Transferor is not, and is not controlled by, an "investment company" within the meaning of the Investment Company Act of 1940, as amendedAct, or is exempt from all provisions of such Act.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Caremark Rx Inc)

Not an Investment Company. The Transferor is not, and is not controlled by, an "investment company" within the meaning of the Investment Company Act of 1940, as amended1940 Act, or is exempt from all provisions of such Act.

Appears in 1 contract

Samples: Certificate Purchase Agreement (Saks Inc)

Not an Investment Company. The Transferor is not, and is not controlled by, an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or is exempt from all provisions of such Actthereof.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Metris Direct Inc)

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