Application and Opportunity for Hearing: Mrs. Fields Famous Brands, LLC, Mrs. Fields Financing Company, Inc., and Certain Guarantors, 9116-9117 [E5-751]

Download as PDF 9116 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 ((301) 415– 1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to dkw@nrc.gov. Dated: February 18, 2005. Sandy Joosten, Office of the Secretary. [FR Doc. 05–3625 Filed 2–22–05; 8:45 am] BILLING CODE 7590–01–M OFFICE OF PERSONNEL MANAGEMENT Privacy Act of 1994; Computer Matching Programs; Office of Personnel Management/Social Security Administration Office of Personnel Management (OPM). ACTION: Publication of notice of computer matching to comply with Public Law 100–503, the Computer Matching and Privacy Act of 1988. AGENCY: SUMMARY: OPM is publishing notice of its computer matching program with the Social Security Administration (SSA) to meet the reporting requirements of Pub. L. 100–503. The purpose of this match is for SSA to establish the conditions under which the SSA agrees to disclose tax return and/or Social Security benefit information to OPM. The SSA records will be used in redetermining and recomputing the benefits of certain annuitants and survivors whose computations are based, in part, on military service performed after December 1956 under the Civil Service Retirement System (CSRS) and certain annuitants and survivors whose annuity computation under the Federal Employees Retirement System (FERS) have a CSRS component. DATES: The matching program will begin 40 days after the Federal Register notice has been published and the letters to Congress and OMB have been issued. The matching program will continue for 18 months from the beginning date and may be extended an additional 12 months thereafter. The data exchange will begin at a date mutually agreed upon between OPM and SSA after February 2005, unless comments on the match are received that result in cancellation of the program. Subsequent matches will take place semi-annually on a recurring basis until one of the parties advises the other in writing of its VerDate jul<14>2003 20:54 Feb 23, 2005 Jkt 205001 intention to reevaluate, modify and/or terminate the agreement. ADDRESSES: Send comments to Marc Flaster, Chief, RIS Support Services Group, Office of Personnel Management, Room 4316, 1900 E Street, NW. Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: James Sparrow, (202) 606–1803. SUPPLEMENTARY INFORMATION: The SSA will agree to provide OPM with the disclosure of tax return information. The SSA records will be used in redetermining and recomputing the benefits of certain annuitants and survivors whose computations are based, in part, on military service performed after December 1956 under the Civil Service Retirement System (CSRS) and certain annuitants and survivors whose annuity computation under the Federal Employees Retirement System (FERS) have a CSRS component. The SSA components responsible for the disclosure are the Office of Income Security Programs. The responsible component for OPM is the Center for Retirement and Insurance Services. OPM, as the agency actually using the results of this matching activity in its programs, will publish the notice required by Title 5 United States Code (U.S.C.) 552a(e)(12) in the Federal Register. Office of Personnel Management. Dan G. Blair, Acting Director. Report of Computer Matching Program Between the Office of Personnel Management and Social Security Administration A. Participating Agencies OPM and SSA. B. Purpose of the Matching Program This computer matching agreement sets forth the responsibilities of the Social Security Administration (SSA) and the Office of Personnel Management (OPM) with respect to information disclosed pursuant to this agreement and is executed under the Privacy Act of 1974, 5 U.S.C. 552a, as amended, and the regulations and guidance promulgated thereunder. C. Description of the Match and Records SSA will disclose data from its MBR file (60–0090, Master Beneficiary Record, SSA/OEEAS) and MEF file (60– 0059, Earning Recording and SelfEmployment Income System, SSA/ OEEAS), and manually extracted military wage information from SSA’s ‘‘1086’’ microfilm file when required. OPM will provide SSA with a electronic PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 finder file from the OPM System of Records published as OPM/Central–1 (Civil Service and Insurance Records), on October 8, 1999 (64 FR 54930), as amended on May 3, 2000 (65 FR 2575). The systems of records involved have routine uses permitting the disclosures needed to conduct this match. The systems of records are protected under the Privacy Act of 1974, as amended, and in accordance with Internal Revenue Manual 1.16.8, Physical Security Standards Handbook. Either OPM or SSA may make onsite inspection or make other provisions to ensure that adequate safeguards are being maintained by the other agency. D. Privacy Safeguards and Security Both SSA and OPM will safeguard information provided by the reciprocal agency as follows: Access to the records matched and to any records created by the match will be restricted to only those authorized employees and officials who need the records to perform their official duties in connection with the uses of the information authorized in the agreement. SSA and OPM will protect Federal Tax information in the same manner which IRS systems of records are protected under the Privacy Act of 1974, as amended, and in accordance with Internal Revenue Manual 1.16.8, Physical Security Standards Handbook. Either OPM or SSA may make onsite inspection or make other provisions to ensure that adequate safeguards are being maintained by the other agency. E. Disposal of Records Records causing closeout or suspend actions would also be annotated and returned to OPM for recordkeeping purposes. All records returned to OPM are considered ‘‘response’’ records and any not used in the update process must be purged by SSA immediately after all processing is completed. [FR Doc. 05–3580 Filed 2–23–05; 8:45 am] BILLING CODE 6325–38–P SECURITIES AND EXCHANGE COMMISSION [File No. 22–28772] Application and Opportunity for Hearing: Mrs. Fields Famous Brands, LLC, Mrs. Fields Financing Company, Inc., and Certain Guarantors February 17, 2005. The Securities and Exchange Commission gives notice that Mrs. Fields Famous Brands, LLC, Mrs. Fields Financing Company, Inc., and certain E:\FR\FM\24FEN1.SGM 24FEN1 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices guarantors have filed an application under section 304(d) of the Trust Indenture Act of 1939. Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and certain guarantors ask the Commission to exempt from the certificate or opinion delivery requirements of section 314(d) of the 1939 Act certain provisions of an indenture dated March 16, 2004, as supplemented by an indenture dated February 9, 2005, between Mrs. Fields Famous Brands, Mrs. Fields Financing Company, certain guarantors, and the Bank of New York, as trustee. The indenture relates to 111⁄2% Senior Secured Notes due 2011 and 9% Senior Secured Notes due 2011. Section 304(d) of the 1939 Act, in part, authorizes the Commission to exempt conditionally or unconditionally any indenture from one or more provisions of the 1939 Act. The Commission may provide an exemption under section 304(d) if it finds that the exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the 1939 Act. Section 314(d) requires the obligor to furnish to the indenture trustee certificates or opinions of fair value from an engineer, appraiser or other expert upon any release of collateral from the lien of the indenture. The engineer, appraiser or other expert must opine that the proposed release will not impair the security under the indenture in contravention of the provisions of the indenture. The application requests an exemption from section 314(d) for specified dispositions of collateral that are made in Mrs. Fields Famous Brands’, Mrs. Fields Financing Company’s, and the guarantors’ ordinary course of business. In its application, Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and the guarantors allege that: 1. The indenture permits Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and the guarantors to dispose of collateral in the ordinary course of their business; 2. Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and the guarantors will deliver to the trustee annual consolidated financial statements audited by certified independent accountants; and 3. Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and the guarantors will deliver to the trustee a semi-annual certificate stating that all dispositions of collateral during the relevant six-month period occurred in Mrs. Fields Famous Brands’, Mrs. Fields VerDate jul<14>2003 18:49 Feb 23, 2005 Jkt 205001 Financing Company’s, and the guarantors’ ordinary course of business and that all of the proceeds were used as permitted by the indenture. Any interested persons should look to the application for a more detailed statement of the asserted matters of fact and law. The application is on file in the Commission’s Public Reference Section, File Number 22–28772, 450 Fifth Street, NW., Washington, DC 20549. The Commission also gives notice that any interested persons may request, in writing, that a hearing be held on this matter. Interested persons must submit those requests to the Commission no later than March 18, 2005. Interested persons must include the following in their request for a hearing on this matter: —The nature of that person’s interest; —The reasons for the request; and —The issues of law or fact raised by the application that the interested person desires to refute or request a hearing on. The interested person should address this request for a hearing to: Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549–0609. At any time after March 18, 2005, the Commission may issue an order granting the application, unless the Commission orders a hearing. For the Commission, by the Division of Corporation Finance, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–751 Filed 2–23–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 26762; 812–12823] SEI Institutional Managed Trust, et al.; Notice of Application February 17, 2005. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of application for an order under the Investment Company Act of 1940 (the ‘‘Act’’) under (i) section 6(c) of the Act granting an exemption from sections 18(f) and 21(b) of the Act; (ii) section 12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of the Act; (iii) sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1) and 17(a)(3) of the Act; and (iv) section 17(d) of the Act and rule AGENCY: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 9117 17d–1 under the Act to permit certain joint transactions. Applicants request an order that would permit certain registered management investment companies to participate in a joint lending and borrowing facility. APPLICANTS: SEI Investments Management Corporation (‘‘SIMC’’) and any person controlling, controlled by or under common control with SIMC (together with SIMC, the ‘‘Advisers’’); SEI Investments Fund Management (‘‘SEI Management,’’ and together with SIMC, ‘‘SEI’’); SEI Institutional Managed Trust, SEI Institutional Investments Trust, SEI Institutional International Trust, SEI Index Funds, SEI Asset Allocation Trust, SEI Liquid Asset Trust, SEI Daily Income Trust, SEI Tax Exempt Trust (each, a ‘‘Trust’’ and collectively, the ‘‘Trusts’’), for and on behalf of each of their series now or hereafter existing (collectively, the ‘‘SEI Funds’’). FILING DATES: The application was filed on May 16, 2002, and amended on February 2, 2005. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 14, 2005, and should be accompanied by proof of service on the applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission’s Secretary. ADDRESSES: Secretary, Commission, 450 Fifth Street, NW., Washington, DC 20549–0609; Applicants, c/o Timothy D. Barto, Esq., SEI Investments, One Freedom Valley Drive, Oaks, PA 19456. FOR FURTHER INFORMATION CONTACT: Keith A. Gregory, Senior Counsel, at (202) 551–6815 or Mary Kay Frech, Branch Chief, at (202) 551–6621 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission’s Public Reference Branch, 450 Fifth Street, NW., Washington, DC 20549–0102 (tel. (202) 942–8090). SUMMARY OF APPLICATION: E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9116-9117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-751]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 22-28772]


Application and Opportunity for Hearing: Mrs. Fields Famous 
Brands, LLC, Mrs. Fields Financing Company, Inc., and Certain 
Guarantors

February 17, 2005.
    The Securities and Exchange Commission gives notice that Mrs. 
Fields Famous Brands, LLC, Mrs. Fields Financing Company, Inc., and 
certain

[[Page 9117]]

guarantors have filed an application under section 304(d) of the Trust 
Indenture Act of 1939. Mrs. Fields Famous Brands, Mrs. Fields Financing 
Company, and certain guarantors ask the Commission to exempt from the 
certificate or opinion delivery requirements of section 314(d) of the 
1939 Act certain provisions of an indenture dated March 16, 2004, as 
supplemented by an indenture dated February 9, 2005, between Mrs. 
Fields Famous Brands, Mrs. Fields Financing Company, certain 
guarantors, and the Bank of New York, as trustee. The indenture relates 
to 11\1/2\% Senior Secured Notes due 2011 and 9% Senior Secured Notes 
due 2011.
    Section 304(d) of the 1939 Act, in part, authorizes the Commission 
to exempt conditionally or unconditionally any indenture from one or 
more provisions of the 1939 Act. The Commission may provide an 
exemption under section 304(d) if it finds that the exemption is 
necessary or appropriate in the public interest and consistent with the 
protection of investors and the purposes fairly intended by the 1939 
Act.
    Section 314(d) requires the obligor to furnish to the indenture 
trustee certificates or opinions of fair value from an engineer, 
appraiser or other expert upon any release of collateral from the lien 
of the indenture. The engineer, appraiser or other expert must opine 
that the proposed release will not impair the security under the 
indenture in contravention of the provisions of the indenture. The 
application requests an exemption from section 314(d) for specified 
dispositions of collateral that are made in Mrs. Fields Famous Brands', 
Mrs. Fields Financing Company's, and the guarantors' ordinary course of 
business.
    In its application, Mrs. Fields Famous Brands, Mrs. Fields 
Financing Company, and the guarantors allege that:
    1. The indenture permits Mrs. Fields Famous Brands, Mrs. Fields 
Financing Company, and the guarantors to dispose of collateral in the 
ordinary course of their business;
    2. Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and 
the guarantors will deliver to the trustee annual consolidated 
financial statements audited by certified independent accountants; and
    3. Mrs. Fields Famous Brands, Mrs. Fields Financing Company, and 
the guarantors will deliver to the trustee a semi-annual certificate 
stating that all dispositions of collateral during the relevant six-
month period occurred in Mrs. Fields Famous Brands', Mrs. Fields 
Financing Company's, and the guarantors' ordinary course of business 
and that all of the proceeds were used as permitted by the indenture.
    Any interested persons should look to the application for a more 
detailed statement of the asserted matters of fact and law. The 
application is on file in the Commission's Public Reference Section, 
File Number 22-28772, 450 Fifth Street, NW., Washington, DC 20549.
    The Commission also gives notice that any interested persons may 
request, in writing, that a hearing be held on this matter. Interested 
persons must submit those requests to the Commission no later than 
March 18, 2005. Interested persons must include the following in their 
request for a hearing on this matter:

--The nature of that person's interest;
--The reasons for the request; and
--The issues of law or fact raised by the application that the 
interested person desires to refute or request a hearing on.

    The interested person should address this request for a hearing to: 
Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 
Fifth Street, NW., Washington, DC 20549-0609. At any time after March 
18, 2005, the Commission may issue an order granting the application, 
unless the Commission orders a hearing.

    For the Commission, by the Division of Corporation Finance, 
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-751 Filed 2-23-05; 8:45 am]
BILLING CODE 8010-01-P