Sunshine Act Meetings, 9569-9570 [2018-04607]
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
Funds’ outstanding investments
immediately preceding the Follow-On
Investment; and
(ii) the aggregate amount
recommended by the Alcentra/Dreyfus
Adviser to be invested by each
Regulated Fund in the Follow-On
Investment, together with the amount
proposed to be invested by the
participating Co-Investment Affiliates in
the same transaction, exceeds the
amount of the opportunity, then the
amount to be invested by each such
party will be allocated among them pro
rata based on each participating party’s
capital available for investment in the
asset class being allocated, up to the
amount proposed to be invested by
each.
(d) The acquisition of Follow-On
Investments as permitted by this
condition will be considered a CoInvestment Transaction for all purposes
and subject to the other conditions set
forth in the application.
9. The Independent Directors of each
Regulated Fund will be provided
quarterly for review all information
concerning Potential Co-Investment
Transactions and Co-Investment
Transactions, including investments
made by the Co-Investment Affiliates
and the other Regulated Funds that the
Regulated Fund considered but declined
to participate in, so that the
Independent Directors may determine
whether all investments made during
the preceding quarter, including those
investments that the Regulated Fund
considered but declined to participate
in, comply with the conditions of the
Order. In addition, the Independent
Directors will consider at least annually
the continued appropriateness for the
Regulated Fund of participating in new
and existing Co-Investment
Transactions.
10. Each Regulated Fund will
maintain the records required by section
57(f)(3) of the Act as if each of the
Regulated Funds were a BDC and each
of the investments permitted under
these conditions were approved by the
Required Majority under section 57(f) of
the Act.
11. No Independent Director of a
Regulated Fund will also be a director,
general partner, managing member or
principal, or otherwise an ‘‘affiliated
person’’ (as defined in the Act), of any
Co-Investment Affiliate.
12. The expenses, if any, associated
with acquiring, holding or disposing of
any securities acquired in a CoInvestment Transaction (including,
without limitation, the expenses of the
distribution of any such securities
registered for sale under the 1933 Act)
will, to the extent not payable by the
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Advisers under their respective advisory
agreements with the Co-Investment
Affiliates and the Regulated Funds, be
shared by the participating CoInvestment Affiliates and the
participating Regulated Funds in
proportion to the relative amounts of the
securities held or being acquired or
disposed of, as the case may be.
13. Any transaction fee 13 (including
break-up or commitment fees but
excluding broker’s fees contemplated by
section 17(e) or 57(k) of the Act, as
applicable) received in connection with
a Co-Investment Transaction will be
distributed to the participating CoInvestment Affiliates and Regulated
Funds on a pro rata basis based on the
amount they each invested or
committed, as the case may be, in such
Co-Investment Transaction. If any
transaction fee is to be held by an
Adviser pending consummation of the
transaction, the fee will be deposited
into an account maintained by the
Adviser at a bank or banks having the
qualifications prescribed in section
26(a)(1) of the Act, and the account will
earn a competitive rate of interest that
will also be divided pro rata among the
participating Co-Investment Affiliates
and Regulated Funds based on the
amount each invests in such CoInvestment Transaction. None of the CoInvestment Affiliates, the Regulated
Funds, the Advisers nor any affiliated
person of the Regulated Funds or CoInvestment Affiliates will receive
additional compensation or
remuneration of any kind as a result of
or in connection with a Co-Investment
Transaction (other than (a) in the case
of the Co-Investment Affiliates and the
Regulated Funds, the pro rata
transaction fees described above and
fees or other compensation described in
condition 2(c)(iii)(C), and (b) in the case
of the Advisers, investment advisory
fees paid in accordance with their
respective investment advisory
agreements with the Regulated Funds
and Co-Investment Affiliates).
14. If the Holders own in the aggregate
more than 25 percent of the Shares of
a Regulated Fund, then the Holders will
vote such Shares as directed by an
independent third party when voting on
(1) the election of directors; (2) the
removal of one or more directors; or (3)
all other matters under either the Act or
applicable State law affecting the
Board’s composition, size, or manner of
election.
13 Applicants are not requesting and the staff is
not providing any relief for transaction fees
received in connection with any Co-Investment
Transaction.
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9569
15. Each Regulated Fund’s chief
compliance officer, as defined in rule
38a–1(a)(4), will prepare an annual
report for its Board that evaluates (and
documents the basis of that evaluation)
the Regulated Fund’s compliance with
the terms and conditions of the
application and the procedures
established to achieve such compliance.
16. The Advisers to the Regulated
Funds and Co-Investment Affiliates will
maintain written policies and
procedures reasonably designed to
ensure compliance with the foregoing
conditions. These policies and
procedures will require, among other
things, that each of the Advisers to each
Regulated Fund will be notified of all
Potential Co-Investment Transactions
that fall within a Regulated Fund’s thencurrent Objectives and Strategies and
will be given sufficient information to
make its independent determination
and recommendations under conditions
1, 2(a), 7 and 8.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–04447 Filed 3–5–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
March 8, 2018.
PLACE: Closed Commission Hearing
Room 10800.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Peirce, as duty officer,
voted to consider the items listed for the
closed meeting in closed session.
The subject matters of the closed
meeting will be:
Institution and settlement of
injunctive actions;
TIME AND DATE:
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
Institution and settlement of
administrative proceedings;
Resolution of litigation claims;
Litigation matter; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Brent J. Fields from the Office of the
Secretary at (202) 551–5400.
Dated: March 1, 2018.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2018–04607 Filed 3–2–18; 11:15 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 10345]
60-Day Notice of Proposed Information
Collection: Statement of Political
Contributions, Fees, and Commissions
Relating to Sales of Defense Articles
and Defense Services
Notice of request for public
comment.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
In accordance with the Paperwork
Reduction Act of 1995, we are
requesting comments on this collection
from all interested individuals and
organizations. The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to May 7,
2018.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
internet may comment on this notice by
going to www.Regulations.gov. You can
search for the document by entering
‘‘Docket Number: DOS–2018–0012’’ in
the Search field. Then click the
‘‘Comment Now’’ button and complete
the comment form.
• Email: DDTCPublicComments@
state.gov.
• Regular Mail: Send written
comments to: Directorate of Defense
Trade Controls, Attn: Andrea Battista,
2401 E St. NW, Suite H–1205,
Washington, DC 20522–0112.
You must include the subject (PRA 60
Day Comment), information collection
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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title (Statement of Political
Contributions, Fees, and Commissions
Relating to Sales of Defense Articles and
Defense Services), and OMB control
number (1405–0025) in any
correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding this collection to
Andrea Battista, who may be reached at
BattistaAL@state.gov or 202–663–3136.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Statement of Political Contributions,
Fees, and Commissions Relating to Sales
of Defense Articles and Defense
Services.
• OMB Control Number: 1405–0025.
• Type of Request: Extension.
• Originating Office: Directorate of
Defense Trade Controls (DDTC).
• Form Number: No Form.
• Respondents: Persons requesting a
license or other approval for the export,
reexport, or retransfer of USMLregulated defense articles or defense
services valued in an amount of
$500,000 or more that are being sold
commercially to or for the use of the
armed forces of a foreign country or
international organization or persons
who enter into a contract with the
Department of Defense for the sale of
defense articles or defense services
valued in an amount of $500,000 or
more under section 22 of the AECA.
• Estimated Number of Respondents:
120.
• Estimated Number of Responses:
500.
• Average Time per Response: 60
minutes.
• Total Estimated Burden Time: 500
hours.
• Frequency: On occasion.
• Obligation to Respond: Mandatory.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this notice are public
record. Before including any detailed
personal information, you should be
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aware that your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
DDTC regulates the export and
temporary import of defense articles and
services enumerated on the USML in
accordance with the Arms Export
Control Act (AECA) (22 U.S.C. 2751 et
seq.) and the International Traffic in
Arms Regulations (ITAR) (22 CFR parts
120–130). In accordance with section 39
of the AECA, the Secretary of State must
require, in part, adequate and timely
reporting of political contributions,
gifts, commissions and fees paid, or
offered or agreed to be paid in
connection with the sales of defense
articles or defense services licensed or
approved under AECA sections 22 and
38. Pursuant to ITAR § 130.9(a), any
person applying for a license or
approval required under section 38 of
the AECA for sale to the armed forces
of a foreign country or international
organization valued at $500,000 or more
must inform DDTC, and provide certain
specified information, when they have
paid, offered to, or agreed to pay, (1)
political contributions in an aggregate
amount of $5,000 or greater; or (2) fees
or commissions in an aggregate amount
equaling or exceeding $100,000.
Similarly, ITAR § 130.9(b) requires any
person who enters into a contract with
the Department of Defense under
section 22 of the AECA, valued at
$500,000 or more, to inform DDTC and
provide the specified information, when
they or their vendors, have paid, or
offered or agreed to pay, in respect to
any sale (1) political contributions in an
aggregate amount of $5,000 or greater; or
(2) fees or commissions in an aggregate
amount equaling or exceeding $100,000.
Respondents are also required to collect
information pursuant to Sections 130.12
and 130.13 prior to submitting their
report to DDTC.
Methodology
Respondents will submit information
as attachments to relevant license
applications or requests for other
approval.
Anthony M. Dearth,
Chief of Staff (Acting), Directorate of Defense
Trade Controls, U.S. Department of State.
[FR Doc. 2018–04433 Filed 3–5–18; 8:45 am]
BILLING CODE 4710–25–P
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Agencies
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9569-9570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04607]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 2:00 p.m. on Thursday, March 8, 2018.
PLACE: Closed Commission Hearing Room 10800.
STATUS: This meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
Commissioner Peirce, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
The subject matters of the closed meeting will be:
Institution and settlement of injunctive actions;
[[Page 9570]]
Institution and settlement of administrative proceedings;
Resolution of litigation claims;
Litigation matter; and
Other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.
Dated: March 1, 2018.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2018-04607 Filed 3-2-18; 11:15 am]
BILLING CODE 8011-01-P