Glossary entry

English term or phrase:

"as such section applies to the Manager"

English answer:

Refers to Section 11 of the Act

    The asker opted for community grading. The question was closed on 2011-08-05 06:54:14 based on peer agreement (or, if there were too few peer comments, asker preference.)
Aug 1, 2011 07:15
12 yrs ago
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English term

"as such section applies to the Manager"

English Bus/Financial Investment / Securities equity distribution agreement
"Registration Statement," means the registration statement, as amended at the time of such registration statement's effectiveness for purposes of Section 11 of the Act (the "Effective Time"), @@@as such section applies to the Manager,@@@ including (i) all documents filed as a part thereof or incorporated or deemed to be incorporated by reference therein, (ii) any information contained or incorporated by reference in a prospectus filed with the Commission pursuant to Rule 424(b) under the Act, to the extent..., and (iii) any registration statement filed to register the offer and sale of Shares pursuant to Rule 462(b) under the Act.

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Does the phrase "as such section applies to the Manager" relate to "the registration statement" or to "as amended..." ?

In either case, I don't understand what the phrase means or why the phrase is inserted there.
I want to know the function of the phrase in this context. What purpose does it serve?
How would the overall meaning be changed but for the phrase?

Thanks in advance.

Discussion

usami (asker) Aug 2, 2011:
Thank you Ok.
Thank you, Liz.
Fine except that (the "Effective time") belongs to the Act, not the Manager, so needs to go after "Act")
usami (asker) Aug 2, 2011:
What do you say of this rewrite? Thank you, Liz, for your answer.

My current understandning of the paragraph is as follows:

' "Registration Statement," means the registration statement, as amended at the time when such registration statement becomes effective for purposes of such parts of Section 11 of the Act that applies to the Manager (the "Effective Time"), including... '

What do you say of this rewrite?

Responses

+5
15 mins
Selected

Refers to Section 11 of the Act

The "section" in your highlighted part refers to Section 11 of the Act, not the registration statement or the amendment.

You could reword it like this to make it clearer, (I've taken out the parenthesis but that's just to make it clearer here; it would need to go in) although literally speaking, it does make sense, as it refers to Section 11 as "the section" which is how it should be done.

"the registration statement, as amended at the time of such registration statement's effectiveness for purposes of Section 11 of the Act, as Section 11 applies to the Manager, including ..."

So the parts of Section 11 that apply to the manager are included in the registration statement, which has been amended for the purposes of the Act.
Peer comment(s):

agree 3ADE shadab
48 mins
thank you!
agree B D Finch
1 hr
thank you!
agree Veronika McLaren
6 hrs
thank you!
agree Tina Vonhof (X)
8 hrs
Thank you!
agree VEIKMANE DAIGA
5 days
Thank you!
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4 KudoZ points awarded for this answer. Comment: "Thanks."
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