[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Page 17283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [email protected] 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 
[email protected].

ADDRESSES: The Commission: [email protected]. Applicants: 
Joshua B. Deringer, [email protected], Veena K. Jain, 
[email protected], and Cory Johnson, 
[email protected].

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 http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. 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


