Sun Sports and Entertainment, Inc.; Order of Suspension of Trading, 54872-54873 [E9-25639]

Download as PDF CPrice-Sewell on DSKGBLS3C1PROD with NOTICES 54872 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 5. The Investing Fund Advisor, or Trustee or Sponsor, as applicable, will waive fees otherwise payable to it by the Investing Fund in an amount at least equal to any compensation (including fees received pursuant to any plan adopted by a Fund under rule 12b–l under the Act) received from a Fund by the Investing Fund Advisor, or Trustee or Sponsor, or an affiliated person of the Investing Fund Advisor, or Trustee or Sponsor, other than any advisory fees paid to the Investing Fund Advisor, or Trustee or Sponsor, or its affiliated person by the Fund, in connection with the investment by the Investing Fund in the Fund. Any Investing Fund SubAdvisor will waive fees otherwise payable to the Investing Fund SubAdvisor, directly or indirectly, by the Investing Management Company in an amount at least equal to any compensation received from a Fund by the Investing Fund Sub-Advisor, or an affiliated person of the Investing Fund Sub-Advisor, other than any advisory fees paid to the Investing Fund SubAdvisor or its affiliated person by the Fund, in connection with the investment by the Investing Management Company in the Fund made at the direction of the Investing Fund Sub-Advisor. In the event that the Investing Fund Sub-Advisor waives fees, the benefit of the waiver will be passed through to the Investing Management Company. 6. No Investing Fund or Investing Fund Affiliate (except to the extent it is acting in its capacity as an investment adviser to a Fund) will cause a Fund to purchase a security in an Affiliated Underwriting. 7. The Board of a Fund, including a majority of the disinterested Board members, will adopt procedures reasonably designed to monitor any purchases of securities by the Fund in an Affiliated Underwriting, once an investment by an Investing Fund in the securities of the Fund exceeds the limit of section 12(d)(1)(A)(i) of the Act, including any purchases made directly from an Underwriting Affiliate. The Board will review these purchases periodically, but no less frequently than annually, to determine whether the purchases were influenced by the investment by the Investing Fund in the Fund. The Board will consider, among other things: (i) Whether the purchases were consistent with the investment objectives and policies of the Fund; (ii) how the performance of securities purchased in an Affiliated Underwriting compares to the performance of comparable securities purchased during a comparable period of time in underwritings other than Affiliated VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 Underwritings or to a benchmark such as a comparable market index; and (iii) whether the amount of securities purchased by the Fund in Affiliated Underwritings and the amount purchased directly from an Underwriting Affiliate have changed significantly from prior years. The Board will take any appropriate actions based on its review, including, if appropriate, the institution of procedures designed to assure that purchases of securities in Affiliated Underwritings are in the best interest of shareholders. 8. Each Fund will maintain and preserve permanently in an easily accessible place a written copy of the procedures described in the preceding condition, and any modifications to such procedures, and will maintain and preserve for a period of not less than six years from the end of the fiscal year in which any purchase in an Affiliated Underwriting occurred, the first two years in an easily accessible place, a written record of each purchase of securities in Affiliated Underwritings once an investment by an Investing Fund in the securities of the Fund exceeds the limit of section 12(d)(1)(A)(i) of the Act, setting forth from whom the securities were acquired, the identity of the underwriting syndicate’s members, the terms of the purchase, and the information or materials upon which the Board’s determinations were made. 9. Before investing in a Fund in excess of the limits in section 12(d)(1)(A), an Investing Fund will execute a FOF Participation Agreement with the Fund stating that their respective boards of directors or trustees and their investment advisors, or Trustee and Sponsor, as applicable, understand the terms and conditions of the order, and agree to fulfill their responsibilities under the order. At the time of its investment in shares of a Fund in excess of the limit in section 12(d)(1)(A)(i), an Investing Fund will notify the Fund of the investment. At such time, the Investing Fund will also transmit to the Fund a list of the names of each Investing Fund Affiliate and Underwriting Affiliate. The Investing Fund will notify the Fund of any changes to the list as soon as reasonably practicable after a change occurs. The Fund and the Investing Fund will maintain and preserve a copy of the order, the FOF Participation Agreement, and the list with any updated information for the duration of the investment and for a period of not less than six years thereafter, the first two years in an easily accessible place. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 10. Before approving any advisory contract under section 15 of the Act, the board of directors or trustees of each Investing Management Company, including a majority of the disinterested directors or trustees, will find that the advisory fees charged under such contract are based on services provided that will be in addition to, rather than duplicative of, the services provided under the advisory contract(s) of any Fund in which the Investing Management Company may invest. These findings and their basis will be recorded fully in the minute books of the appropriate Investing Management Company. 11. Any sales charges and/or service fees charged with respect to shares of an Investing Fund will not exceed the limits applicable to a fund of funds as set forth in Rule 2830. 12. No Fund relying on this section 12(d)(1) relief will acquire securities of any investment company or company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the limits contained in section 12(d)(1)(A) of the Act, except to the extent permitted by exemptive relief from the Commission permitting the Fund to purchase shares of other investment companies for short-term cash management purposes. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–25560 Filed 10–22–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] Sun Sports and Entertainment, Inc.; Order of Suspension of Trading October 21, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Sun Sports and Entertainment, Inc. (‘‘Sun Sports’’) because of questions regarding the accuracy of statements by Sun Sports in press releases and statements to investors concerning, among other things, the company’s business prospects and financial viability. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of Sun Sports. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices securities of the above-listed company is suspended for the period from 9:30 a.m. EDT October 21, 2009 through 11:59 p.m. EST, on November 3, 2009. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–25639 Filed 10–21–09; 11:15 am] October 19, 2009. Maura M. Pally, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E9–25563 Filed 10–22–09; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE BILLING CODE 8011–01–P [Public Notice 6791] Determination and Certification Under Section 7046(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 DEPARTMENT OF STATE [Public Notice 6792] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘The Dead Sea Scrolls: Ancient Artifacts, Timeless Treasures’’ CPrice-Sewell on DSKGBLS3C1PROD with NOTICES SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ‘‘The Dead Sea Scrolls: Ancient Artifacts, Timeless Treasures,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Milwaukee Public Museum, Milwaukee, WI, from on or about January 21, 2010, until on or about May 6, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/632–6473). The address is U.S. Department of State, SA–5, L/PD, Fifth Floor, Washington, DC 20522– 0505. VerDate Nov<24>2008 15:24 Oct 22, 2009 Jkt 220001 Pursuant to the authority vested in me as Secretary of State, including under section 7046(d)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (Div. H, Pub. L. 111–8), I hereby determine and certify that the Government of Colombia is meeting the conditions described in Section 7046(d)(2) of the FY 2009 SFOAA, and that I have consulted with Congress as consistent with the latter. This Determination shall be published in the Federal Register and copies shall be transmitted to the appropriate committees of Congress. Dated: October 16, 2009. Hillary Rodham Clinton, Secretary of State, Department of State. [FR Doc. E9–25562 Filed 10–22–09; 8:45 am] BILLING CODE 4710–29–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–551 (Sub-No. 1X)] Knox and Kane Railroad Company— Abandonment Exemption—in Clarion, Forest, Elk and McKean Counties, PA Knox and Kane Railroad Company (Knox and Kane), has filed a verified notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon its entire line of railroad between milepost 95.3 at North Clarion Junction, PA, and milepost 165.2 at Mt. Jewett, PA, a distance of 69.9 miles, in Clarion, Forest, Elk and McKean Counties, PA. The line includes no stations and traverses United States Postal Service Zip Codes 16254, 16235, 16233, 16260, 16239, 16347, 16735, 16734, and 16740. Knox and Kane has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 54873 formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. The Board generally does not impose labor protective conditions on a railroad, such as Knox and Kane here, that is abandoning its entire line. See, Northampton and Bath R. Co.— Abandonment, 354 I.C.C. 784 (1978). Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 24, 2009, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 2, 2009. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 12, 2009, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to Knox and Kane’s representative: Andrew P. Goldstein, 2175 K Street, NW., Suite 600, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. Knox and Kane has filed both an environmental report and a historic report that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by October 30, 2009. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54872-54873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25639]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


Sun Sports and Entertainment, Inc.; Order of Suspension of 
Trading

October 21, 2009.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Sun Sports and Entertainment, Inc. (``Sun Sports'') because of 
questions regarding the accuracy of statements by Sun Sports in press 
releases and statements to investors concerning, among other things, 
the company's business prospects and financial viability.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of Sun Sports.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the

[[Page 54873]]

securities of the above-listed company is suspended for the period from 
9:30 a.m. EDT October 21, 2009 through 11:59 p.m. EST, on November 3, 
2009.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25639 Filed 10-21-09; 11:15 am]
BILLING CODE 8011-01-P
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