Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Withdrawal of Proposed Rule Change Related to the Payment of a Credit by Execution Access, LLC Based on Volume Thresholds Met on the NASDAQ Options Market, 90021 [2016-29798]
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Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
SECURITIES AND EXCHANGE
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–32382; File No. 812–14219]
[Release No. 34–79492; File No. SR–
NASDAQ–2016–121]
Goldman Sachs BDC, Inc., et al.;
Notice of Application
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Withdrawal of Proposed Rule Change
Related to the Payment of a Credit by
Execution Access, LLC Based on
Volume Thresholds Met on the
NASDAQ Options Market
December 7, 2016.
On August 29, 2016, The Nasdaq
Stock Market LLC (‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change related to the payment of a
credit by Execution Access, LLC that
would be based on volume thresholds
met on the NASDAQ Options Market
LLC. The proposed rule change was
published for comment in the Federal
Register on September 8, 2016.3 On
October 19, 2016, the Commission
extended the time period within which
to approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether to approve or disapprove the
proposed rule change to December 7,
2016.4 On November 15, 2016, the
Commission instituted proceedings
under Section 19(b)(2)(B) of the Act 5 to
determine whether to approve or
disapprove the proposed rule change.6
The Commission received no comment
letters on the proposed rule change.
On December 5, 2016, the Exchange
withdrew the proposed rule change
(SR–NASDAQ–2016–121).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–29798 Filed 12–12–16; 8:45 am]
BILLING CODE 8011–01–P
pmangrum on DSK3GDR082PROD with NOTICES
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 78749
(September 1, 2016), 81 FR 62212.
4 See Securities Exchange Act Release No. 79118,
81 FR 73186 (October 24, 2016).
5 15 U.S.C. 78s(b)(2)(B).
6 See Securities Exchange Act Release No. 79317,
81 FR 83301 (November 21, 2016).
7 17 CFR 200.30–3(a)(12).
2 17
VerDate Sep<11>2014
15:08 Dec 12, 2016
Jkt 241001
December 7, 2016.
Notice of application for an
order under sections 17(d) and 57(i) of
the Investment Company Act of 1940
(the ‘‘Act’’) and rule 17d–1 under the
Act to permit certain joint transactions
otherwise prohibited by sections 17(d)
and 57(a)(4) of the Act and rule 17d–1
under the Act.
ACTION:
Applicants
request an order to permit certain
business development companies
(‘‘BDCs’’) and certain closed-end
management investment companies to
co-invest in portfolio companies with
each other and with affiliated
investment funds.
APPLICANTS: Goldman Sachs BDC, Inc.
(‘‘BDC I’’), Goldman Sachs Private
Middle Market Credit LLC (‘‘BDC II’’),
Goldman Sachs Middle Market Lending
LLC (‘‘BDC III,’’ and together with BDC
I and BDC II, the ‘‘Companies’’), and
Goldman Sachs Asset Management, L.P.
(the ‘‘Adviser’’), each on behalf of itself
and its successors.1
FILING DATES: The application was filed
on September 27, 2013, and amended
on January 9, 2014, October 9, 2015,
January 8, 2016, August 26, 2016, and
December 5, 2016.
HEARING OR NOTIFICATION OF HEARING:
An order granting the requested relief
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 January 3, 2017, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, 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, U.S. Securities
and Exchange Commission, 100 F St.
SUMMARY OF APPLICATION:
1 For the purposes of the requested order, a
‘‘successor’’ includes an entity or entities that result
from a reorganization into another jurisdiction or a
change in the type of business organization.
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
90021
NE., Washington, DC 20549–1090.
Applicants: David Plutzer, Esq.,
Goldman Sachs Asset Management L.P.,
200 West Street, 15th Floor, New York,
NY 10282.
FOR FURTHER INFORMATION CONTACT:
Mark N. Zaruba, Senior Counsel, at
(202) 551–6878 or Mary Kay Frech,
Branch Chief, at (202) 551–6821 (Chief
Counsel’s Office, Division of Investment
Management).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
Applicants’ Representations
1. BDC I is a Delaware corporation
organized as a closed-end management
investment company that has elected to
be regulated as a BDC under section
54(a) of the Act.2 BDC II is a Delaware
limited liability company organized as a
closed-end management investment
company that has elected to be
regulated as a BDC under section 54(a)
of the Act. BDC III is a Delaware limited
liability company 3 organized as a
closed-end management investment
company that intends to elect to be
regulated as a BDC under section 54(a)
of the Act. Each Company’s Objectives
and Strategies 4 are to generate current
income and, to a lesser extent, capital
appreciation through debt and equity
investments. The business and affairs of
each Company is managed under the
direction of a Board,5 a majority of
whose members are persons who are
Non-Interested Directors.6
2. The Adviser, a Delaware limited
partnership, is registered with the
2 Section 2(a)(48) defines a BDC to be any closedend investment company that operates for the
purpose of making investments in securities
described in sections 55(a)(1) through 55(a)(3) of the
Act and makes available significant managerial
assistance with respect to the issuers of such
securities.
3 Applicants represent that BDC III intends to
convert to a Delaware corporation.
4 ‘‘Objectives and Strategies’’ means a Regulated
Fund’s (as defined below) investment objectives
and strategies, as described in the Regulated Fund’s
registration statement on Form N–2, other filings
the Regulated Fund has made with the Commission
under the Securities Act of 1933 (the ‘‘Securities
Act’’), or under the Securities Exchange Act of
1934, and the Regulated Fund’s reports to
shareholders.
5 The term ‘‘Board’’ means, with respect to any
Regulated Fund (as defined below), the board of
directors of that Regulated Fund.
6 The term ‘‘Non-Interested Directors’’ means,
with respect to any Board, the directors who are not
‘‘interested persons’’ within the meaning of section
2(a)(19) of the Act.
E:\FR\FM\13DEN1.SGM
13DEN1
Agencies
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Page 90021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29798]
[[Page 90021]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79492; File No. SR-NASDAQ-2016-121]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Withdrawal of Proposed Rule Change Related to the Payment of
a Credit by Execution Access, LLC Based on Volume Thresholds Met on the
NASDAQ Options Market
December 7, 2016.
On August 29, 2016, The Nasdaq Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
related to the payment of a credit by Execution Access, LLC that would
be based on volume thresholds met on the NASDAQ Options Market LLC. The
proposed rule change was published for comment in the Federal Register
on September 8, 2016.\3\ On October 19, 2016, the Commission extended
the time period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to approve or disapprove the proposed rule change to
December 7, 2016.\4\ On November 15, 2016, the Commission instituted
proceedings under Section 19(b)(2)(B) of the Act \5\ to determine
whether to approve or disapprove the proposed rule change.\6\ The
Commission received no comment letters on the proposed rule change.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 78749 (September 1,
2016), 81 FR 62212.
\4\ See Securities Exchange Act Release No. 79118, 81 FR 73186
(October 24, 2016).
\5\ 15 U.S.C. 78s(b)(2)(B).
\6\ See Securities Exchange Act Release No. 79317, 81 FR 83301
(November 21, 2016).
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On December 5, 2016, the Exchange withdrew the proposed rule change
(SR-NASDAQ-2016-121).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------
\7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29798 Filed 12-12-16; 8:45 am]
BILLING CODE 8011-01-P