LocatePlus Holdings Corporation; Order of Suspension of Trading, 26056 [2012-10671]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
26056
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Notices
assembled in the form and at the place
that the financial intermediary, or its
agent, reasonably requests to facilitate
the financial intermediary’s sending of
the 19(a) Notice to each beneficial
owner of the Fund’s shares; and (c)
upon the request of any financial
intermediary, or its agent, that receives
copies of the 19(a) Notice, will pay the
financial intermediary, or its agent, the
reasonable expenses of sending the 19(a)
Notice to such beneficial owners.
5. Additional Board Determinations
for Funds Whose Common Shares Trade
at a Premium.
If:
(a) The Fund’s common shares have
traded on the Exchange that they
primarily trade on at the time in
question at an average premium to NAV
equal to or greater than 10%, as
determined on the basis of the average
of the discount or premium to NAV of
the Fund’s common shares as of the
close of each trading day over a 12-week
rolling period (each such 12-week
rolling period ending on the last trading
day of each week); and
(b) The Fund’s annualized
distribution rate for such 12-week
rolling period, expressed as a percentage
of NAV as of the ending date of such
12-week rolling period, is greater than
the Fund’s average annual total return
in relation to the change in NAV over
the 2-year period ending on the last day
of such 12-week rolling period; then:
(i) At the earlier of the next regularly
scheduled meeting or within four
months of the last day of such 12-week
rolling period, the Board including a
majority of the Independent Trustees:
(1) Will request and evaluate, and the
Fund’s Adviser will furnish, such
information as may be reasonably
necessary to make an informed
determination of whether the Plan
should be continued or continued after
amendment;
(2) Will determine whether
continuation, or continuation after
amendment, of the Plan is consistent
with the Fund’s investment objective(s)
and policies and in the best interests of
the Fund and its shareholders, after
considering the information in
condition 5(b)(i)(1) above; including,
without limitation:
(A) Whether the Plan is
accomplishing its purpose(s);
(B) The reasonably foreseeable
material effects of the Plan on the
Fund’s long-term total return in relation
to the market price and NAV of the
Fund’s common shares; and
(C) The Fund’s current distribution
rate, as described in condition 5(b)
above, compared with the Fund’s
average annual taxable income or total
VerDate Mar<15>2010
16:55 May 01, 2012
Jkt 226001
return over the 2-year period, as
described in condition 5(b), or such
longer period as the Board deems
appropriate; and
(3) Based upon that determination,
will approve or disapprove the
continuation, or continuation after
amendment, of the Plan; and
(ii) The Board will record the
information considered by it including
its consideration of the factors listed in
condition 5(b)(i)(2) above and the basis
for its approval or disapproval of the
continuation, or continuation after
amendment, of the Plan in its meeting
minutes, which must be made and
preserved for a period of not less than
six years from the date of such meeting,
the first two years in an easily accessible
place.
6. Public Offerings. The Fund will not
make a public offering of the Fund’s
common shares other than:
(a) A rights offering below NAV to
holders of the Fund’s common shares;
(b) An offering in connection with a
dividend reinvestment plan, merger,
consolidation, acquisition, spin off or
reorganization of the Fund; or
(c) An offering other than an offering
described in conditions 6(a) and 6(b)
above, provided that, with respect to
such other offering:
(i) The Fund’s annualized distribution
rate for the six months ending on the
last day of the month ended
immediately prior to the most recent
distribution record date,4 expressed as a
percentage of NAV as of such date, is no
more than 1 percentage point greater
than the Fund’s average annual total
return for the 5-year period ending on
such date; 5 and
(ii) The transmittal letter
accompanying any registration
statement filed with the Commission in
connection with such offering discloses
that the Fund has received an order
under section 19(b) to permit it to make
periodic distributions of long-term
capital gains with respect to its common
shares as frequently as twelve times
each year, and as frequently as
distributions are specified by or
determined in accordance with the
terms of any outstanding preferred
shares that such Fund may issue.
7. Amendments to Rule 19b–1.
The requested order will expire on the
effective date of any amendment to rule
19b–1 that provides relief permitting
certain closed-end investment
4 If the Fund has been in operation fewer than six
months, the measured period will begin
immediately following the Fund’s first public
offering.
5 If the Fund has been in operation fewer than five
years, the measured period will begin immediately
following the Fund’s first public offering.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
companies to make periodic
distributions of long-term capital gains
with respect to their outstanding
common shares as frequently as twelve
times each year.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–10569 Filed 5–1–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
LocatePlus Holdings Corporation;
Order of Suspension of Trading
April 30, 2012.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of LocatePlus
Holdings Corporation (‘‘LocatePlus’’)
because it has not filed any periodic
reports since the period ended March
31, 2011.
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
company, and any equity securities of
any entity purporting to succeed to this
issuer. Therefore, it is ordered, pursuant
to Section 12(k) of the Exchange Act,
that trading in the securities of the
above-listed company, and any equity
securities of any entity purporting to
succeed to this issuer, is suspended for
the period from 9:30 a.m. EDT on April
30, 2012, through 11:59 p.m. EDT on
May 11, 2012.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012–10671 Filed 4–30–12; 4:15 pm]
P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66861; File No. SR–
Phlx–2012–28]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Order
Granting Approval of a Proposed Rule
Change Relating to the Listing and
Trading of MSCI EAFE Index Options
April 26, 2012.
I. Introduction
On March 1, 2012, NASDAQ OMX
PHLX LLC (‘‘Exchange’’ or ‘‘Phlx’’) filed
E:\FR\FM\02MYN1.SGM
02MYN1
]]>Agencies
[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Page 26056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10671]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
LocatePlus Holdings Corporation; Order of Suspension of Trading
April 30, 2012.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
LocatePlus Holdings Corporation (``LocatePlus'') because it has not
filed any periodic reports since the period ended March 31, 2011.
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 company, and any equity securities of
any entity purporting to succeed to this issuer. Therefore, it is
ordered, pursuant to Section 12(k) of the Exchange Act, that trading in
the securities of the above-listed company, and any equity securities
of any entity purporting to succeed to this issuer, is suspended for
the period from 9:30 a.m. EDT on April 30, 2012, through 11:59 p.m. EDT
on May 11, 2012.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-10671 Filed 4-30-12; 4:15 pm]
P
