Notice2023-05801
Pender Real Estate Credit Fund and Pender Capital Management, LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Page 17283]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05801]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34859; File No. 812-15406]
Pender Real Estate Credit Fund and Pender Capital Management, LLC
March 16, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').
ACTION: Notice.
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Notice of an application for an order pursuant to section 6(c) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 18(a)(2), 18(c), and 18(i) of the Act, pursuant to sections
6(c) and 23(c) of the Act for certain exemptions from rule 23c-3 under
the Act, and pursuant to section 17(d) of the Act and rule 17d-1
thereunder.
Summary of Application: Applicants request an order to permit
certain registered closed-end management investment companies to issue
multiple classes of shares and to impose early withdrawal charges and
asset-based distribution and/or service fees.
Applicants: Pender Real Estate Credit Fund and Pender Capital
Management, LLC.
Filing Dates: The application was filed on November 8, 2022, and
amended on January 6, 2023 and January 30, 2023.
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 on any application by emailing
the SEC's Secretary at <a href="/cdn-cgi/l/email-protection#cd9ea8aebfa8b9acbfb4bee082ababa4aea88dbea8aee3aaa2bb"><span class="__cf_email__" data-cfemail="6c3f090f1e09180d1e151f41230a0a050f092c1f090f420b031a">[email protected]</span></a> and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below.
Hearing requests should be received by the Commission by 5:30 p.m.
on April 10, 2023, 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 emailing the Commission's Secretary at
<a href="/cdn-cgi/l/email-protection#6a390f09180f1e0b18131947250c0c03090f2a190f09440d051c"><span class="__cf_email__" data-cfemail="c99aacaabbacbda8bbb0bae486afafa0aaac89baacaae7aea6bf">[email protected]</span></a>.
ADDRESSES: The Commission: <a href="/cdn-cgi/l/email-protection#d281b7b1a0b7a6b3a0aba1ff9db4b4bbb1b792a1b7b1fcb5bda4"><span class="__cf_email__" data-cfemail="287b4d4b5a4d5c495a515b05674e4e414b4d685b4d4b064f475e">[email protected]</span></a>. Applicants:
Joshua B. Deringer, <a href="/cdn-cgi/l/email-protection#88e2e7fbe0fde9a6ecedfae1e6efedfac8eee9edeffaedecfae1e6e3edfaa6ebe7e5"><span class="__cf_email__" data-cfemail="315b5e425944501f555443585f565443715750545643545543585f5a54431f525e5c">[email protected]</span></a>, Veena K. Jain,
<a href="/cdn-cgi/l/email-protection#314754545f501f5b50585f715750545643545543585f5a54431f525e5c"><span class="__cf_email__" data-cfemail="1c6a7979727d32767d75725c7a7d797b6e79786e757277796e327f7371">[email protected]</span></a>, and Cory Johnson,
<a href="/cdn-cgi/l/email-protection#24474b565d0a4e4b4c4a574b4a6454414a4041564745544d5045480a474b49"><span class="__cf_email__" data-cfemail="96f5f9e4efb8fcf9fef8e5f9f8d6e6f3f8f2f3e4f5f7e6ffe2f7fab8f5f9fb">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, or
Terri G. Jordan, Branch Chief, at (202) 551-6825 (Division of
Investment Management, Chief Counsel's Office).
SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and condition, please refer to Applicants' second amended and
restated application, dated January 30, 2023, which may be obtained via
the Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at,
at <a href="http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html">http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html</a>. You
may also call the SEC's Public Reference Room at (202) 551-8090.
For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-05801 Filed 3-21-23; 8:45 am]
BILLING CODE 8011-01-P
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