Common use of Not Investment Company Clause in Contracts

Not Investment Company. The Company is not an “investment company” or a company controlled by an “investment company” or, to the knowledge of the Company, an “affiliated person” of, or “promoter” or “principal underwriter” for, 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 (Velocity Express Corp), Stock Purchase Agreement (Velocity Express Corp), Stock Purchase Agreement (Velocity Express Corp)

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Not Investment Company. The Company is not an “investment company” or a company controlled by an “investment company” or, to the knowledge of the Company’s knowledge, an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Purchase Agreement (Velocity Express Corp), Unit Purchase Agreement (Velocity Express Corp), Purchase Agreement (Velocity Express Corp)

Not Investment Company. The Company It is not an “investment company”, or a company controlled “controlled” by an “investment company” or, to within the knowledge meaning of the Company, an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)

Not Investment Company. The Company is not an "investment ---------------------- company" or a company controlled by an “investment company” or, to the knowledge of the Company, an “"affiliated person" of, or "promoter" or "principal underwriter” for, " for an investment company” as such terms are defined in , within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genus Inc)

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Not Investment Company. The Company is not an “investment company” or a company controlled by an “investment company” or, to the knowledge of the Company’s Knowledge, an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Velocity Express Corp)

Not Investment Company. The Company is not an "investment company” company or a company controlled "controlled" by an "investment company” or, to " within the knowledge meaning of the Company, an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company” as such terms are defined in the Investment Company Act of 1940, as amendedamended (the "Investment Company Act"), and is not required to register or take any other action with respect to or under the Investment Company Act by reason of the issuance of the Notes by the Company.

Appears in 1 contract

Samples: Distribution Agreement (WPS Resources Corp)

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