Common use of Regulatory Prohibition Clause in Contracts

Regulatory Prohibition. Notwithstanding any other provision contained herein, no Member shall take or permit any action to be taken with respect to itself (including, without limitation, any change in its shareholders, members or partners, as applicable) that would cause the Company to be regulated under the Investment Company Act of 1940, the Investment Advisors Act of 1940 or the Employee Retirement Income Security Act of 1974, each as amended, and any such action shall be null and void ab initio and of no force or effect.

Regulatory Prohibition. Notwithstanding any other provision contained herein, no No Member shall take or permit any action to be taken with respect to itself (including, without limitation, any change in its shareholders, members shareholders or partners, as applicable) that would cause subject the Company to be regulated under the Investment Company Act of 1940, the Investment Advisors Act of 1940 or the Employee Retirement Income Security Act of 1974, each as amendedamended (but, for the sake of clarity, it is recognized that nothing in this Section 9.3 shall prohibit the Company from engaging in business activities that would cause it to be subject, and any therefore subjecting itself, to such action shall be null and void ab initio and of no force or effectregulation).