In this Instrument:…
“SEC issuer” means an issuer that
(a) has a class of securities registered under section 12 of the 1934 Act or is required to file reports under section 15(d) of the 1934 Act, and
(b) is not registered or required to be registered as an investment company under the Investment Company Act of 1940 of the United States of America, as amended from time to time;
Lexata note: “SEC issuer” is defined the same way in NI 51-102, which is in turn cross-referenced in NI 41-101.