Registered Investment Company. Each currently registered Domestic Borrower will maintain its status as an investment company or a series or portfolio of an investment company registered under the 1940 Act. Each Cayman Borrower shall will maintain its status as a Mutual Fund registered as such under Section 4(3) of the Mutual Fund Law, as amended, of the Cayman Islands.
Registered Investment Company. The Fund is a non-diversified, closed-end management investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
Registered Investment Company. Such Borrower will maintain its status as a closed-end management investment company under the 1940 Act.
Registered Investment Company. The Trust will register as an investment company under the Investment Company Act of 1940, as amended, within 180 days following the first issuance of shares of beneficial interest of the Trust.
Registered Investment Company. Borrower (a) is a Registered Investment Company under the Investment Company Act of 1940, as amended (the "1940 ACT"); (b) has no class of senior securities (as defined in Section 18(g) of the 0000 Xxx) outstanding; and (c) complies with the asset coverage requirements of Section 18 of the 1940 Act applicable to the Loans. The Loans requested and made under this Agreement do not violate any restrictions imposed on Borrower pursuant to the 1940 Act or any regulations promulgated thereunder.
Registered Investment Company. The Company filed a Form N-8A – Notification of Registration Filed Pursuant to Section 8(a) of the Investment Company Act of 1940 (the “Notification of Registration”) with the Commission, pursuant to which the Company registered under the Investment Company Act. Except as otherwise provided for in this Agreement, the Company will not withdraw such Notification of Registration or take any action to cause the Commission to order such Notification of Registration to be withdrawn. Such Notification of Registration, when filed with the Commission (i) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the Investment Company Act and (ii) did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein not misleading. The Company will use its best efforts to maintain its status as a registered investment company; provided, however, the Company may change the nature of its business so as to cease to be a registered investment company under the Investment Company Act.
Registered Investment Company. (a) The Investment Company is, and at all times since January 1, 1995 has been, duly registered with the SEC as an investment company under the Investment Company Act and has been duly organized, and is validly existing and in good standing under the laws of the jurisdiction of its organization and has the requisite power and authority to carry on its business as it is now being conducted.
(b) Each Fund, since inception of operations, has been operated and is currently operating in material compliance with its respective investment objectives and policies and Applicable Laws.
(c) Veredus and each Subsidiary that is an investment adviser or sub-adviser to a Fund has adopted a code of ethics pursuant to Rule 17j-1 under the Investment Company Act, and Veredus and each Subsidiary that is a registered investment adviser under the Advisers Act has adopted a written policy regarding insixxx xxxxxxx, xxl of which comply with Applicable Laws. The policies of Veredus and each Subsidiary that is a registered investment adviser with respect to avoiding conflicts of interest are as set forth in the most recent Forms ADV thereof. Since January 1, 1995, there have been no material violations or, to the knowledge of the Stockholder, allegations of material violations of the codes or policies referenced in this clause (c).
(d) None of the Company, any Subsidiary, Veredus or any of their respective affiliates has any express or implied understanding or arrangement which would reasonably be expected to impose an unfair burden on any of the Funds for purposes of Section 15(f) of the Investment Company Act as a result of the transactions contemplated hereby or would in any way violate Section 15(f) of the Investment Company Act.
(e) Except as set forth on Schedule 2.13 hereto, no exemptive orders have been obtained, nor are any requests pending therefor, with respect to the Investment Company under any of the Securities Laws.
(f) The Company has heretofore made available to the Purchaser copies of (i) the audited financial statements for each of the Funds for its fiscal year ended in 1999 (the "Fund Annual Financial Statements") and (ii) the unaudited semi-annual financial statements for each of the Funds for its semi-annual period, if any, ended after the date of the Annual Financial Statements for such Fund and prior to the date hereof (the "Fund Interim Financial Statements" and, together with the Fund Annual Financial Statements, the "Fund Financial Statements"). Each Fun...
Registered Investment Company. The Subscriber understands that the Fund is registered as an investment company under the Investment Company Act as a closed-end, non-diversified management investment company, and, as such, the Fund must comply with the requirements of the Investment Company Act.
Registered Investment Company. Each Portfolio's performance of its obligations pursuant to this Agreement, including, without limitation, the purchase, exchange and redemption of Shares, shall be subject to applicable law, including the Investment Company Act of 1940, the terms and conditions set forth in each Portfolio's Prospectus and each Fund's and Portfolio's organizational documents. In no way will the provisions of this Agreement limit the authority of the Funds or any Portfolio to take such lawful action as each of them may deem appropriate or advisable in connection with all matters relating to the operation of the Funds or any Portfolio and the sale of the Shares.
Registered Investment Company. Each Fund represents to TCHI, Funding and the Partnership that it is registered as an investment company under the Investment Company Act of 1940, as amended.
