The SEC Division of Investment Management (the "Division") granted no-action relief to closed-end management investment company Eagle Point Credit Company Inc., ("Fund") that will allow the company to file post-effective amendments to its registration statement, pursuant to Securities Act Rule 486(b).
The Division previously acknowledged that closed-end management investment companies "may benefit from the flexibility to take advantage of favorable market conditions to raise additional capital through continuous or delayed offerings of their securities." The Fund stated that no erosion of investor protection would occur by utilizing Rule 486(b), and investors could have faster access to relevant financial information about the Fund. The Fund represented that the Fund, shareholders and potential investors would benefit if post-effective amendments pursuant to Rule 486(b) were made effective immediately upon filing.
The Fund also represented that (i) each such amendment would be filed in compliance with Rule 486(b), (ii) the Fund would file a post-effective amendment containing a prospectus (pursuant to Securities Act Section 8(c)) before any offering of its common shares of beneficial interest at a price below net asset value, and (iii) the Fund would price newly issued shares no lower than the sum of its net asset value, plus the per share commission or underwriting discount.
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