ULH Corp. (n/k/a UniHolding Corp.), Unapix Entertainment, Inc., Unicomp, Inc., and Unidyne Corp.; Order of Suspension of Trading, 21373 [2010-9568]
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Notices
Applicants’ Legal Analysis
1. Section 12(d)(1)(A) of the Act
provides that no registered investment
company may acquire securities of
another investment company if such
securities represent more than 3% of the
acquired company’s outstanding voting
stock or more than 5% of the acquiring
company’s total assets, or if such
securities, together with the securities of
other investment companies, represent
more than 10% of the acquiring
company’s total assets. Section
12(d)(1)(B) of the Act provides that no
registered open-end investment
company may sell its securities to
another investment company if the sale
will cause the acquiring company to
own more than 3% of the acquired
company’s voting stock, or cause more
than 10% of the acquired company’s
voting stock to be owned by investment
companies and companies controlled by
them.
2. Section 12(d)(1)(G) of the Act
provides that section 12(d)(1) will not
apply to securities of an acquired
company purchased by an acquiring
company if: (i) The acquired company
and acquiring company are part of the
same group of investment companies;
(ii) the acquiring company holds only
securities of acquired companies that
are part of the same group of investment
companies, government securities, and
short-term paper; (iii) the aggregate sales
loads and distribution-related fees of the
acquiring company and the acquired
company are not excessive under rules
adopted pursuant to section 22(b) or
section 22(c) of the Act by a securities
association registered under section 15A
of the Exchange Act or by the
Commission; and (iv) the acquired
company has a policy that prohibits it
from acquiring securities of registered
open-end investment companies or
registered unit investment trusts in
reliance on section 12(d)(1)(F) or (G) of
the Act.
3. Rule 12d1–2 under the Act permits
a registered open-end investment
company or a registered unit investment
trust that relies on section 12(d)(1)(G) of
the Act to acquire, in addition to
securities issued by another registered
investment company in the same group
of investment companies, government
securities, and short-term paper: (1)
Securities issued by an investment
company that is not in the same group
of investment companies, when the
acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (2)
securities (other than securities issued
by an investment company); and (3)
securities issued by a money market
fund, when the investment is in reliance
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on rule 12d1–1 under the Act. For the
purposes of rule 12d1–2, ‘‘securities’’
means any security as defined in section
2(a)(36) of the Act.
4. Section 6(c) of the Act provides that
the Commission may exempt any
person, security, or transaction from any
provision of the Act, or from any rule
under the Act, if such exemption is
necessary or appropriate in the public
interest and consistent with the
protection of investors and the purposes
fairly intended by the policies and
provisions of the Act.
5. Applicants state that the proposed
arrangement would comply with the
provisions of rule 12d1–2 under the Act,
but for the fact that the Applicant Funds
may invest a portion of their assets in
Other Investments. Applicants request
an order under section 6(c) of the Act
for an exemption from rule 12d1–2(a) to
allow the Applicant Funds to invest in
Other Investments while investing in
Underlying Funds. Applicants assert
that permitting the Applicant Funds to
invest in Other Investments as described
in the application would not raise any
of the concerns that the requirements of
section 12(d)(1) were designed to
address.
Applicants’ Condition
Applicants agree that any order
granting the requested relief will be
subject to the following condition:
Applicants will comply with all
provisions of rule 12d1–2 under the Act,
except for paragraph (a)(2) to the extent
that it restricts any Applicant Fund from
investing in Other Investments as
described in the application.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–9400 Filed 4–22–10; 8:45 am]
21373
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Unapix
Entertainment, Inc. because it has not
filed any periodic reports since it filed
a Form 10–Q for the period ended June
30, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Unicomp,
Inc. because it has not filed any periodic
reports since it filed a Form 10–Q/A for
the period ended November 30, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Unidyne
Corp. because it has not filed any
periodic reports since it filed a Form
10–QSB for the period ended September
30, 1999.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed companies
is suspended for the period from 9:30
a.m. EDT on April 21, 2010, through
11:59 p.m. EDT on May 4, 2010.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010–9568 Filed 4–21–10; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61935; File No. SR–CBOE–
2010–036]
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Proposed Rule
Change To Permit $1 Strikes for
Options on Trust Issued Receipts
[File No. 500–1]
April 16, 2010.
ULH Corp. (n/k/a UniHolding Corp.),
Unapix Entertainment, Inc., Unicomp,
Inc., and Unidyne Corp.; Order of
Suspension of Trading
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 13,
2010, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by the Exchange.
BILLING CODE 8011–01–P
April 21, 2010.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of ULH Corp.
(n/k/a UniHolding Corp.) because it has
not filed any periodic reports since it
filed a Form 10–K for the period ended
May 31, 1999.
PO 00000
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
23APN1
Agencies
[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Page 21373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9568]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
ULH Corp. (n/k/a UniHolding Corp.), Unapix Entertainment, Inc.,
Unicomp, Inc., and Unidyne Corp.; Order of Suspension of Trading
April 21, 2010.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ULH Corp. (n/k/a UniHolding Corp.) because it has not filed any
periodic reports since it filed a Form 10-K for the period ended May
31, 1999.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Unapix Entertainment, Inc. because it has not filed any periodic
reports since it filed a Form 10-Q for the period ended June 30, 2000.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Unicomp, Inc. because it has not filed any periodic reports since it
filed a Form 10-Q/A for the period ended November 30, 2000.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Unidyne Corp. because it has not filed any periodic reports since it
filed a Form 10-QSB for the period ended September 30, 1999.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on April 21, 2010, through 11:59 p.m. EDT on May 4, 2010.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010-9568 Filed 4-21-10; 4:15 pm]
BILLING CODE 8011-01-P